Parenting plans are a popular way to manage child care arrangements. An informal agreement can work for many couples. Creating it with a view to getting consent orders at a later date is valuable.
Key takeaways
- A parenting plan is an informal arrangement. They may have legal implications.
- Parenting plans should cover living arrangements and parental responsibilities.
- Living arrangements may be split evenly or allocate a primary carer.
- Parental responsibilities cover long-term decisions over the child’s welfare.
What is a parenting plan?
A parenting plan is a written agreement that covers all aspects of child care and parental responsibilities of the parties. It should include where the child spends time and with whom, as well as how major decisions over the child’s welfare and development will be handled. The definition of a parenting plans QLD is set out in Section 63C of the Family Law Act.
Legal standing
While parenting plans aren’t legally enforceable agreements, they can have legal implications. The Federal Circuit and Family Court expects parenting plans QLD to be written down and signed and dated by the parties. Both parents must also enter the agreement free of coercion or duress.
If a couple begins a parenting proceeding, the Court will take the latest plan into account when deciding on a parenting order. Parents may wish to alter a court order. However, there must be a significant change in circumstances. The parties may agree to new arrangements with a parenting plan. Neither party will be able to enforce any element of the court order that conflicts with the new plan.
Drafting a parenting agreement
A parenting plan must serve the best interests of the child. This includes protection from child abuse and any physical or psychological harm from family violence. Detail a care schedule and explain parental responsibilities.
Living arrangements
Living arrangements are influenced by family circumstances. Some parents can share equal time with their child. This works best when the parties live close by.
However, this is often impractical. Parties may live far apart, or one parent may have less capacity for parenting. This means that a visitation schedule may work better, such as organising time on weekends for visits with your former partner.
Consider how to handle holidays and special occasions like Christmas or birthdays. For birthdays, you may alternate years or split time with the child on the day itself. Over Christmas, you could decide that the child will spend Christmas Day with one parent and New Year’s Day with the other parent. Think about how you want to include other family members, such as grandparents, at these times.
Parenting responsibilities
The co-parents are required to make long-term decisions regarding their child in areas such as:
- Education.
- Healthcare.
- Religious and cultural instruction.
Other important parenting matters are how you’ll handle communication and whether one party will pay child support or spousal maintenance.
Dispute resolution and free legal advice
Effective parenting plans QLD often include mechanisms for dispute resolution. For example, you may decide to resolve issues with a family dispute resolution practitioner. You can find assistance on the Family Relationship Advice Line. Other resources include free legal advice through Legal Aid Queensland.
From our clients
I highly recommend Shanahan Family Law. I felt supported, listened to and always confident in the advice given to me. They made the unpleasant situation I was dealing with effortlessly comfortable for me. Everybody I dealt with was utterly amazing.
- Tania Smiley
We will help you navigate the family law system and get the best outcome. We’ve been helping clients manage parenting arrangements for more than a decade.
Conclusion
A parenting plan is useful for organising child-related arrangements. They aren’t enforceable, but can affect legal proceedings. If parents agree to a plan, they can approach living arrangements and parental responsibilities flexibly.
