All you need to know about Private Parenting Plans
When parents separate and need to make arrangements for their child, they can create their own private plan.
Many people elect to engage an accredited mediator to facilitate their discussions and negotiations. A mediator with experience in co-parenting negotiations can assist parents to stay future and child-focused and will help ensure they have considered all of the factors involved in effective co-parenting.
A parenting plan may be a good option because it's less expensive and easier than going through the formal legal system. It's also likely to be less emotionally stressful, and it is usually better for co-parents to reach self-determined outcomes than leave it to the court to intervene and set parenting plans that may not fully integrate the nuances of the children's needs. Usually, parents will have a deeper understanding of their own children's needs than the court.
If parents want to create a private plan, they can write down their agreements in a document called a "Parenting Plan."
It's important to know that whilst private plans can be presented as evidence of the parents' agreed intentions, they generally can't be legally enforced.
Are there any rules about parenting plans?
There are some rules for creating a parenting plan:
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Record the agreement in writing.
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All parties (parents) must sign it.
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Put the date on the plan.
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The plan should talk about things like:
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Who the child will live with.
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When the child will spend time with the other parent.
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How decisions about the child will be made.
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How parents will communicate about the child.
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Any money needed to support the child.
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How to solve problems about the plan.
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Changing the plan if things change for the child or parents.
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Anything else related to taking care of the child.
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Nobody should force anyone to make the plan.
Parents don't have to make a formal plan, but they can if they want to.
Can the plan be registered?
No, plans made after a certain date can't be officially registered. Any reference made to the registration of parenting plans would be in relation to plans made before the commencement of the Family Law Amendment Act 2003.
If the plan follows the rules (ie meets the s 63C technical requirements outlined in the Act), it will still be effective.
Is the plan something you must follow?
Since private plans are not usually enforceable by law, there are no penalties if someone ignores the plan.
If you want the plan to be legally enforceable, you can make an application to the court to seal the agreement for parenting as "consent orders". This is a joint application made by both parents.
Can the plan be changed or stopped?
Parenting plans can be amended or terminated at any time via an additional written agreement between the parents.
Where a plan has been made into Parenting Orders by Consent, in some cases, for example, if family violence or abuse occurs, a court can amend the orders.
The information in this article is general in nature and should not be considered legal advice. You should seek the advice of a registered professional who will be able to appropriately assess your specific circumstances before offering their expert opinion.
Published by: Divorce Resource
Published by, Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach
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