Parenting Plans in Australia

Parenting plans are way for parties to records an agreement in respect of agreed parenting arrangements subsequent to separation. Distinct from Court Orders, they are not legally binding. 

Terms of a Parenting Plan?

Section 63(c) of the Family Law Act 1975 (Cth) provides that a parenting plan deals with matters including: 

• • the person or persons with whom a child is to live; 
  • the time a child is to spend with another person or other persons; 
  • the allocation of parental responsibility for a child; 
  •  the communication a child is to have with another person or other persons; 
  • maintenance of a child; 
  • the process to be used for resolving disputes about the terms or operation of the plan; 

• the process to be used for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan;

Some plans will also include details about how the parents communicate with each other or communicate with other important people or organisations, such as schools, medical practitioners, sporting teams and extended family.

A parenting plan should include all of the details about parenting that are important to the family.

What are the requirements of a Parenting Plan?

A parenting plan must:

• Be in writing;
• Be signed by both parents making the plan; and
• Be dated.

Parenting plans should be simple to read, be set our in plain English and in short paragraphs, each dealing with one parenting issue at a time. It should be clear enough that any person reading it for the first time can understand what has been agreed to by the parents making the parenting plan.

A parenting plan does not need to be prepared by a lawyer, witnessed by a qualified witness or require parties to obtain independent legal advice.

Are Parenting Plans legally binding?

Parenting plans are not legally binding. However, if the parties to a parenting plan are involved in Court proceedings at a later date, then parenting plan will be considered by the Court in respect of the previous intentions of the parties. However Court’s recognise that Parenting Plans are flexible in nature, can be varied easily by agreement between the parties, and are an informal way for parties to resolve issues. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.