Parenting plans
Recent amendments to the Family Law Act compel an advisor (solicitor, family counsellor, family dispute resolution practitioner, family consultant etc) who provides advice or assistance to people in relation to children's issues to:
- Inform the party about the option of entering into a parenting plan in relation to the children;
- Advise the party about where they can get further assistance to develop a parenting plan and advise them that if the children are spending equal time with both parents, and this is reasonably practicable and in the best interests of the children, then a parenting plan of that kind should be considered. If that type of arrangement is not reasonably practicable or not in the children's best interests, the advisor must tell the party that they should consider the children spending substantial and significant time with each of the parents, again subject to considerations of practicality and the children's best interests.
- Substantial and significant time is more than just weekends and holidays and involves participating in the children's day-to-day activities and includes a mix of night and daytime contact.
What is a parenting plan?
If the parents reach agreement about the arrangements for their children after separation, the parties can:
- Make a parenting plan detailing the future arrangements for the children; or
- File consent orders which are approved by the Family Court or the Federal Magistrates Court.
A parenting plan is a written agreement made between the parents of children which is signed by both parents and dated. The Family Law Act states that a parenting plan may cover one or more of the following:
- Who the children will live with;
- The time the children will spend with each parent and with other people (for example grandparents);
- How the parents share parenting responsibility for the children;
- The communication the children will have with the parent or other people that they do not live with;
- The maintenance of the children;
- The process to be used to change or resolve disputes about the parenting plan; and
- Any other aspect of the care, welfare or development of the children or parenting responsibility for the children.
It is important to be aware that a parenting plan is not a legally enforceable contract. It is not like a parenting order, which is made by a court. The Family Court is unable to make a parent follow the terms of a parenting plan.
What if there is already a court order?
The parties to a Family Court parenting order (made on or after 1 July 2006) can agree to change the terms of that order by making a parenting plan.
To find out more, please contact our Family Law team.