how to create a successful parenting plan after divorce
TRANSCRIPT
WHAT WE’LL
COVER? • What is a Parenting Plan?
• Why should you enter into a
Parenting Plan?
• 10 Tips to help you prepare a
successful Parenting Plan
WHAT IS A PARENTING PLAN?
•A Parenting Plan is a signed and executed written agreement entered into between both parents
acknowledging agreement on specific child care arrangements after separation.
•A Parenting Plan should always be prepared while keeping in mind the best interests of the child.
•A Parenting Plan is not a legally enforceable document but it can form the basis or influence final
orders in respect of parenting arrangements subsequently sought from the Court if your
arrangement falls apart.
The Family Law Act 1975 (“FLA”)
encourages parents to mutually decide about
the children’s care arrangements and taking
parenting matters to Court as a last resort. A
Parenting Plan is considered to be valid as
per Section 63C(1) of the FLA, if it fulfils the
following conditions:
• There are no threats, duress or coercion
involved in preparing the plan;
• The agreement is made between the
parents of the child; and
• The agreement is in writing, is dated and is
signed by both the parents.
WHAT IS A
PARENTING
PLAN?
WHY SHOULD YOU
ENTER INTO A
PARENTING PLAN? • After divorce or separation, you cease to be a
spouse or partner but you do not cease to be a
parent.
• Your responsibility towards the stable and
healthy upbringing of your child remains
undiminished and should be on the top of your
priority list.
• You may not like to contact or stay in touch with
your previous spouse or partner, but for the
sake of your child, it is always advisable that
you retain a healthy and working relationship in
respect of communication and arrangements
for the child.
• A parenting plan is a mechanism which enables
parents to put in writing their agreement in
respect of parenting, similar to a signed
contract, without the need to engage in lengthy
and costly court proceedings.
1. CLEAR
DEMARCATION OF
RESPONSIBILITIES• While preparing a Parenting Plan, discuss
with your ex-partner about your share of
responsibilities and rights regarding the
care arrangements of the child.
• Have a planned schedule about the exact
dates which the child is supposed to spend
with each parent, who is supposed to take
care of the child and for what period.
• Apart from the visitation and custody
arrangements, the plan should also
demarcate responsibilities about financial
arrangements, educational responsibilities,
discipline, household rules and decision
making guidelines for the parents.
2. SPEND TIME
ARRANGEMENTS
WITH THE CHILD
ON SPECIAL DAYS
• On special days like birthdays or
Christmas, one intends to spend more
time with one’s child or family members.
• The Parenting Plan should conclusively
provide for arrangements whereby both
parties get to spend appropriate time
with the child on special days to avoid
any confusion or resentment.
3. EMERGENCY
CONTACT DETAILS &
MODE FOR CONTACT
• A shared care arrangement of the child will
require that you need to inform your ex-
partner about any emergency.
• For such situations the Parenting Plan should
provide for the modes of contacting and
contact details of the parents involved in the
matter.
4. PROVISION FOR
REGULAR CONTACT
• A shared parenting arrangement should
provide for regular contact being maintained
between the child and the parents.
• So one might have the custody of the child
for a certain period, but during this time,
provision for regular contact should also be
mentioned.
5. RESPECT AND FLEXIBILITY
• When parents agree upon a shared care arrangement, they should also agree about
respecting each other’s concerns, wishes and aspirations for the child.
• Furthermore, they should be flexible about adjusting each other’s needs.
6. ACCEPTABILITY
• One should always be open about accepting
that the parenting styles of two different
persons cannot be similar.
• The Parenting Plan should give freedom to
the parties to practise their own parenting
styles within a reasonable limit and the other
parent should accept it.
7. PLANNING IN ADVANCE
• A Parenting Plan should always provide that the parties involved should make plans about the
child or inform about their non-availability to take care of the child for a particular period, in
advance so that the other party can adjust their schedules accordingly.
8. CONDUCT• While entering a Parenting Plan,
the parties should also resolve to
conduct themselves respectfully
in front of each other and the child
and not to mention anything
negative about the other party in
front of the child.
9. DISCUSSION
ABOUT
DISAGREEMENT• Disagreements may arise in a co-parenting
arrangement but the Parenting Plan should
provide methods for resolution of such
disputes.
• Also, such disputes should never be
discussed in front of the child.
10. NO LOYALTY
CONFLICTS• The success of a Parenting Plan on a
long term basis depends on the
understanding between the parents and
the supreme importance they should
give to their children’s development and
needs.
• A child should never be put in middle of
any kind of loyalty conflict between the
parents.
Our team of experienced lawyers at Owen Hodge Lawyers have substantial experience in
Family Law matters and can guide you in all regards as to the preparation of a Parenting
Plan.
We understand that every child care matter is extremely sensitive and should be handled
with utmost care and compassion. So in case, you are thinking about signing a new
Parenting Plan or amending an existing one or if you have any queries in relation to
preparation of Parenting Plan or would like to speak to one of our family law experts, please
feel free to contact our team at Owen Hodge Lawyers on 1800 770 780.
For more information about this presentation, please feel free to contact our family legal
experts, Laura Gardiner and Alexandra Burke.
http://www.owenhodge.com.au/