What Is A Parenting Plan?
A parenting plan is a written agreement between parties which outlines details about the care and welfare of the children. These plans may need to be renegotiated as the children grow and as their circumstances and needs change.
- Parenting plans are voluntary informal agreements reached between the parents of children that deal with various aspects of the child’s living arrangements, daily life and parental responsibility concerning long-term issues.
- A parenting plan is an effective way of reducing the risk of future conflicts concerning decisions relating to your children.
- Parenting plans are not enforceable by the court. However, parents are able to apply to the court to make a parenting order on those agreed terms. Once this order has been made, the order is legally binding.
- The court when making the parenting order, does not have to follow the parenting plan but will consider its terms in its overall decision. Parenting plans are flexible in that they may be amended from time to time, where both parties agree.
- When deciding on the terms of a parenting plan, you need to consider whether the terms are in the best interests of the children. It is important to encourage your child to spend time with the other parent and their other family members. It may also be appropriate to consider any intentions expressed by the children in who they would like to spend time with.
- Parenting plans can be organised between parents outside of court. These plans may need to be renegotiated as the children age and as circumstances and needs change.
- If parents are unable to reach an agreement through this method, a parenting order may be more appropriate to formalise a parenting agreement.
- Parenting orders are legally binding and address a wide range of matters concerning the child e.g., when and who will pick up the children from school and the children’s living arrangements.
What Types Of Orders Can A Court Make About A Child?
Parenting orders can be made to address a variety of conduct and circumstances. For example, the court can make an order identifying when a parent can communicate with the children.
Parenting orders can also be made to prohibit certain conduct such as speaking negatively about the other parent in front of the children.
The court has power to make orders on the following matters:
- Living Arrangements
The court may order where and when the child is to live with a parent. This type of order will identify which parent the child is to live with and for how long. These orders may also include where the child is to sleep.
- Parental Responsibility
Parental responsibility encompasses the duties and responsibilities that a parent has for their children. An order for equal shared parental responsibility is a joint obligation for both parents when making decisions on long term issues.
It is also possible for orders to be made which designate particular aspects of parental responsibility to one parent.
- Communication with Family Members
Orders can be made which identify how and when a child is to communicate with a parent or family member when in the care of the other parent. Communication may be ordered to be by electronic means such as Facetime or phone call.
- Changeovers
An order for changeover concerns the arrangements made for how the child will be transferred from the care of one person to the other. It may be appropriate for it to be ordered that changeover is to occur in a neutral or public space in circumstances where parents have a more hostile relationship.
- Medical Care
Orders of this kind are not merely reserved for children with serious medical conditions or disabilities. Orders can be made stipulating that parents are to communicate with each other on decisions concerning the health of a children. Examples of medical-related orders include check-ups, emergency health care and immunisation.
- Education
Orders may be made identifying which school a children is to attend, who the school is to contact when there is an emergency and the ability for a children to participate in extra-curricular activities. Orders may also be made to state which parent or both parents are to attend school meetings or school events.
- Travel
Parenting orders can be made permitting or prohibiting a parent from taking a child overseas or interstate. Orders concerning which parent has custody of a child’s passport may be made as well as orders requiring a parent to provide notice to the other parent of their intention to take the child out of the state or country.
It is important to be aware that it is illegal to remove a child out of Australia without the consent of the other parent or in the middle of parenting proceedings.
- Children and Other Family Members/People
The court may make orders dealing with a children’s connections with other people. Orders may be made allowing a child to spend time with a grandparent or other significant relatives. On the other hand, an order can be made preventing a child from interacting with a person.
