What is a parenting plan?

A parenting plan in New South Wales is a written agreement between parents that outlines the care, responsibilities, and arrangements for their children after separation or divorce. It is designed to provide clarity and structure around how parents will share their parenting duties and ensure the well-being of their children.

Key Features of a Parenting Plan:

• Voluntary Agreement: A parenting plan is not legally enforceable like a court order. It is a mutual agreement made voluntarily by both parents, which means it relies on their willingness to comply and is evidence of each party’s intention.
• Written and Signed: The plan must be in writing and signed by both parents. This ensures that it is clear and serves as a reference point for both parties.
• Flexible and Tailored: Parents can create a plan that is specific to their situation and the unique needs of their children. The plan can cover various aspects, such as living arrangements, visitation schedules, and communication methods. Given the flexibility, parties can enter into an interim parenting plan (which can then include clauses around when the plan is reviewed), or a final parenting plan (which is designed to remain in place until a child is 18 years of age, unless parties agree to make changes in the future).

Typical Provisions in a Parenting Plan can include the following:

• Living Arrangements: Specifies where the child will live and the time they will spend with each parent.
• Visitation Schedules: Details on when and how the child will visit or stay with the non-custodial parent.
• Education and Schooling: Agreed-upon schools, homework responsibilities, and educational support.
• Health and Medical Care: Decisions related to the child’s healthcare needs, medical appointments, and insurance.
• Holidays and Special Occasions: Arrangements for how birthdays, holidays, and special occasions are spent.
• Communication: Methods and frequency of communication between the child and the non-custodial parent (e.g., phone calls, video chats).
• Decision-Making: How major decisions regarding the child’s upbringing, such as education, religion, and health, will be made.

Benefits of a Parenting Plan:

• Reduces Conflict: By clearly outlining responsibilities and expectations, parenting plans can help minimise disputes between parents.
• Promotes Stability for Children: It provides children with a clear understanding of where they will be and when, which fosters a sense of security and stability.
• Encourages Cooperation: Since the plan is created collaboratively, it can promote better communication and cooperation between parents.

Legal Considerations:

• Not Enforceable by Law: While a parenting plan is an important document, it is not enforceable by the Federal Circuit and Family Court. If parents want the plan to have legal force, they will need to apply for a consent order, which formalises the terms and makes them legally binding.
• Modification: A parenting plan can be changed at any time if both parents agree. This flexibility allows the arrangement to adapt as the child grows or circumstances change.

Support and Resources:

Parents can seek the assistance of mediators or legal professionals to help draft a parenting plan that is fair and comprehensive. Our experienced family lawyers in Sydney and the Illawarra support people who are going through a challenging time in their lives as a result of separation and can provide you with a clear parenting order for your child(ren).

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