Parenting Plans in Family Law

– Helping parents to reach and document an agreement  by way of a parenting plan

At Collaborative Legal Solutions we are creative lawyers providing family law legal advice.  We encourage parents to reach agreement regarding their children and to document that agreement in one of two ways: either by way of consent orders or by way of a Parenting Plan.

Do I need a Parenting Plan?

If you have separated or divorced and either;

• have reached agreement with your former spouse as to the arrangements regarding the children; or
• are negotiating the terms of a desired agreement; or
• have no agreement or settled arrangements, but want to move forward;

This “Tip Sheet 1 – Parenting Plans, Encouraging Parents to reach Agreement” is designed to assist you in deciding what you Parenting Plan could contain, to suit your own family’s changing needs, whilst complying with the Family Law Act 1975 (Cth).

Parenting Plan requirements under the Family Law Act 1975 (Cth)

A Family Law, Parenting Plan is an informal agreement that is:

• in writing;
• between parents;
• signed by the parents; and
• dated.

In addition to the above requirements, a Parenting Plan can document information about:

• The person or persons with whom the child is to live;
• The time a child is to spend with another person or other persons;
• The allocation of parental responsibility for a child;
• If two or more persons are to share parental responsibility for a child – the form of consultation those persons are to have with one another about decisions to be made about the exercise of that responsibility;
• The allocation of responsibility for making decisions about major long-term issues in relation to the child;
• The communication that a child is to have with another person or persons;
• Maintenance of the child (however, where the Child Support Assessment Act 1989 applies then the provisions should be dealt with in a child support agreement);
• The process to be used for resolving disputes about the term of or operation of the plan;
• The process to be used for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan;
• Any aspect of care, welfare or development of the child or any other aspect of parental responsibility for a child.

It is important to note that Parenting Plans must be free from any threat, duress or coercion.

At Collaborative Legal Solutions, we are serious about assisting you and have prepared a series of SELFieDOCS (sample legal documents for illustrative purposes).  A basic Sample Parenting Plan is available for purchase here.

Contact Us TODAY to book a Set Fee Initial Consultation with our Brisbane Mobile Lawyer to discuss your concerns regarding your parenting plan or general family law concerns. Collaborative Legal Solutions can support you through your divorce, separation, property settlement, parenting and children’s matters or child support queries.  We can assist in settling the terms of your Parenting Plan.