Parenting plans
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What is a parenting plan?
It is a good idea if you are separated, for you and the other parent to make an arrangement for the care of your children. One way to do this is to prepare a parenting plan.
A parenting plan is a written, signed and dated agreement between parents (and others if needed) that sets out arrangements for the care of children. It will not be recognised unless it is made without threats or intimidation from the other parent or people involved. It is not legally enforceable unless it was registered with the Family Court of Australia before 14 January 2004, in which case it will have the same legal effect as a court order.
If a plan was made after that time it will have no legal force (but a court will look at your most recent parenting plan if you make an application to the court at a later date for orders).
Parents can also have their parenting plans made into 'consent orders'. Consent orders are orders made by the court, with the agreement of both parents (and other people involved). They have the same legal force as other court orders.
If you already have parenting court orders in place and you later decide to make a parenting plan, the plan is followed where the parts are different from the orders, unless the court or the orders themselves say it cannot be changed this way. You can change your plan at any time but it must be signed and dated by both parents (and others if included).
What kind of plan can we make?
You can make the plan that best suits you and your family. The law does not set out 'standard arrangements' for children. Every family is different.
Here are some examples:
- The children spend alternate weekends, half the school holidays and possibly an evening meal or overnight stay on a weekday with one parent, and the rest of the time with the other.
- The children spend four of five nights in the first week with one parent and the rest with the other. This is reversed for the second week and so on.
- The children spend roughly equal time with each parent. The children could spend one week with one parent and one week with the other, or have a four-day/three-day split week or a rotation of any combination of days.
- Short periods of seeing a parent often (more than weekly) for very young children.
A Family Relationships Centre, Legal Aid Queensland or other family dispute resolution service may be able to help you work out a parenting plan. The Family Relationship Advice Line can refer you to services in your area.
What should you think about when making a plan?
You should think about how you will work out these practical things:
- how far apart you live from each other and how this impacts upon making arrangements work ie travel time, transport, costs etc
- time for children to see relatives and other people that are important to your children
- current arrangements with each parent and the children and, if these are working, how to keep such arrangements in place
- your work commitments, and those of others who care for the children
- sport and other activities the children do
- how you will arrange for the children to be picked up and dropped off
- where the children will spend holidays, birthdays and other special occasions
- how you will communicate with the other parent, for example by telephone, email or letter
- how old your children are and their developmental stage. For example, it can be better for very young children to spend shorter periods of time with the other parent but more often
- how parental responsibility is to be shared by each parent
- if there are more than two persons sharing parental responsibility, how each person will communicate with each other about these decisions
- the maintenance of the children
- the process that is to be used if there are disagreements later about the content or operation of the plan
- the process to be used for changing the plan to take into account the changing needs of the children or each parent.
As children grow older and have different needs, these arrangements will probably need to change.
If it is reasonably practical and in the best interests of your children for them to spend equal time with each parent, you should consider this. If this is not reasonably practical and not in your children's best interests, you should consider if the children spending 'substantial and significant' time with you and the other parent would be so.
Substantial and significant time has a legal meaning. This includes the children spending both weekdays, weekends and holidays with each parent and each parent being involved in the children's daily routine.
It also includes each parent being able to spend special occasions with the children, of special significance to both the children and the parent. This could include the children's birthday and your graduation ceremony for instance.
You don't have to make a parenting plan that provides for equal time or substantial and significant time with each parent. You should make a plan that will work in practice and that is in the best interests of the children. Look at the factors above to help you work out what will work and what is best for them. That can be any arrangement of time. Every family's situation is different.
What are my responsibilities?
You have a duty to:
- make parenting arrangements that are in the best interests of your children
- protect your children from physical or psychological harm or the risk of harm
- encourage your children to talk to and see the other parent regularly unless this would place the children at risk of harm
- not say or do things that stop the children communicating with the other parent or that might harm their relationship with the other parent
- encourage and assist your children to enjoy their culture
- maintain your children financially
- in most cases, participate in major long-term decisions about the children.
What if I think my children and I are unsafe?
If you believe that it would be harmful for your children to spend time and/or communicate with the other parent, and you have good reasons for this, you do not have to encourage the children to see their other parent. If you can show the court that this would put the children at serious risk of physical or psychological harm, then the court may order that the children do not spend time with or communicate with the other parent. But, this is rare.
If the children are at risk, they may spend time with a parent under supervision, for example with another relative or at a children's contact centre. Children's contact services are places where children can spend supervised time with a parent or where children can be dropped off and picked up before and after seeing the other parent.
If you are worried about your own safety, you can also use a children's contact service to drop off and pick up your children and you do not have to see the other parent when you do so.
How do I change a parenting plan?
A parenting plan can be cancelled or changed by a written agreement between the people who signed the original plan. Make sure every person signs the agreement and it is dated.
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.