Parenting Plans Explained
What Is a Parenting Plan
A parenting plan is a written agreement between co holders of parental responsibilities and rights that sets out how they will exercise these responsibilities in practice. Under the Children's Act, parents are encouraged, and in some disputed cases required, to try to agree on a parenting plan before approaching a court. The plan is meant to be a practical, detailed document rather than a general statement of intent.
When a Parenting Plan Is Used
Parenting plans are common in several situations: when parents separate or divorce and need to formalise care and contact arrangements, when unmarried parents want to set out each person's role clearly, or when an existing arrangement needs to be updated as a child grows older and circumstances change. The Act specifically encourages parents who are in dispute over the exercise of their responsibilities and rights to first try to agree on a parenting plan, often with the assistance of a family advocate, social worker, psychologist or other suitably qualified person, before litigating.
Typical Contents of a Parenting Plan
While every plan is tailored to the family involved, common elements include the following.
- Where the child will live on a day to day basis, and how time is divided if the arrangement involves shared or alternating residence.
- Contact arrangements for the other parent, including school terms, weekends, public holidays, birthdays and school holidays.
- Arrangements for school events, extramural activities and medical appointments, including who attends and who is informed.
- How decisions about schooling, religion, medical treatment and other significant matters will be made and communicated.
- Communication methods between the child and each parent, especially when time apart is extended, such as during travel.
- Provisions for relocation, including what happens if one parent wishes to move to a different city or country.
- A process for resolving future disagreements, such as mediation, before returning to court.
Formalising a Parenting Plan
A parenting plan can be registered with a family advocate's office or made an order of court, which gives it greater enforceability. Registration or confirmation by the court does not necessarily require a full hearing in every case, but it does usually involve some review to confirm the plan serves the best interests of the child. Once registered or made an order of court, a parenting plan generally carries the same weight as any other court order, meaning that failing to comply with its terms can have legal consequences.
Changing a Parenting Plan Over Time
Children's needs change as they grow, and a plan drafted for a toddler is unlikely to remain suitable once that child reaches their teenage years. Parents can agree to amend a parenting plan by mutual consent, and significant changes are often best recorded in writing and, where the original plan was made an order of court, confirmed through the same formal channel. Where parents cannot agree on changes, either party can approach the Children's Court or rely on mediation to try to resolve the disagreement before resorting to litigation.
Who Can Help Draft a Parenting Plan
Parents do not need to draft a parenting plan entirely on their own. Family advocates, mediators, social workers and family law attorneys can all assist in preparing a plan that is detailed enough to prevent future disputes while remaining realistic for the family's circumstances. Because every family situation differs, seeking professional guidance is generally recommended rather than relying solely on generic templates.