After Divorce, Should I Make a Parenting Plan With the Other Party?

For parties divorcing in Australia, the most important issue is how to allocate responsibility for raising the children. In our previous articles we explained parenting orders. In this article we discuss Australia’s parenting plan for children.

What is a parenting plan?

A parenting plan is a written agreement between parents about how to care for their children. Relevant laws and policies have been established to safeguard children’s interests and to ensure reasonable handling of family matters after divorce. There is no prescribed format for a parenting plan, but it must be signed and dated by both parties. The plan sets out the responsibilities and rights of both parents and establishes arrangements that are in the children’s best interests. In other words, when drafting a parenting plan, the paramount consideration is achieving the best interests of the child. A child has the right to maintain a good relationship with both parents, to benefit from that relationship, and to be protected from harm. Because a parenting plan is signed voluntarily, it can be changed at any time, provided both parents agree. A parenting plan must be made free from any threat, duress, or coercion.

What is the legal effect of a parenting plan?

As we explained in an earlier article on parenting orders, a Parenting Order is a set of orders made by an Australian court regarding the care arrangements for a child and has legal force. The court can make a parenting order based on an agreement between the spouses, or following a court hearing or trial. Every person affected by that parenting order must comply with its requirements. Unlike a parenting order, a parenting plan is not enforceable. That means if one party breaches the terms of the parenting plan, the law will not take steps to help you enforce it. So why would we still make a parenting plan?

Benefits of making a parenting plan

Although a parenting plan is not enforceable, there are benefits to making one —

First, making a parenting plan is cheaper and less stressful than going to court to apply for a parenting order. If your relationship with the other party is amicable, a parenting plan is often the best option. Because it is made and reached without court involvement, separated parents do not need to argue the issue in court.

Second, if one day you do need to go to court to apply for a parenting order, the judge, when considering what arrangements are in the child’s best interests, may refer to the terms of the parenting plan.

In addition, if both parties agree, a parenting plan can change a pre-existing parenting order. However, a parenting plan only overrides the parts of the previous parenting order that deal with exactly the same issues; other parts of the parenting order must still be complied with. For example, if a previous court parenting order stipulated that the child spend equal time with both parents, and the parties now make a parenting plan that changes the time allocation, then the time-allocation part of that parenting order will no longer be enforceable. For these reasons, it is advisable to consult a lawyer before making a parenting plan.

Third, a parenting plan can also be revoked or changed by written agreement between the parents. Making a parenting plan provides certainty for raising the child while also allowing both parties to change the plan over time as family circumstances change, giving it a degree of flexibility. By contrast, changing a parenting order is a more complex process that requires proof of a significant change in circumstances.

Fourth, safeguarding the best interests of the children: a parenting plan focuses on protecting the best interests of the children. By negotiating the plan, parents can jointly consider the children’s needs, feelings and development, providing stability and predictability for the children and ensuring they continue to receive long-term, stable support and a safe, warm family environment after the divorce.

Fifth, promoting parental cooperation: making a parenting plan requires cooperation and negotiation between parents. Through this process, parents may communicate and cooperate better, so as to provide better care for the children. Of course, this also helps ease the tension and hostility brought on by divorce.

Sixth, a parenting plan is flexible and can be personalised. Each family’s parenting plan can be tailored to its specific circumstances. Parents can make flexible arrangements based on the children’s needs and activity schedules to adapt to changing situations.

Seventh, maintaining family bonds. Because both parents are involved, a parenting plan encourages both parents to continue participating in the children’s lives. This is very important for maintaining the parent-child relationship with both parents and helps foster healthy parent-child relationships.

Contents of a parenting plan

Common contents of a parenting plan include:

Who the child will live with
The time the child spends with each parent
The time the child spends with other people, such as grandparents
How the parents will share parental responsibilities, such as deciding on schooling
How the child will communicate with the other parent or other people
Arrangements for special days, such as birthdays and holidays
Procedures for changing the plan or resolving any disagreements about the plan
Any other issues the parents wish to include

How do you turn a parenting plan into a parenting order?

If both parties agree, you can apply to the court to have your parenting plan made into a consent order. A consent order has the same legal force as a parenting order. If you and the other parent apply for a consent order, you do not need to attend mediation or a court hearing beforehand.

Final thoughts

Compared with a parenting order, the drawback of a parenting plan is that it cannot be enforced. But a parenting plan also has advantages: it is more flexible to change and less costly, among others. Moreover, if one day you need to go to court to apply for a parenting order, the judge, when considering what arrangements are in the child’s best interests, may refer to the terms of the parenting plan previously signed. Therefore, although a parenting plan is relatively convenient to put together, we still recommend seeking the advice of a professional lawyer.

In summary, a parenting plan is a plan negotiated between the two parents after divorce, setting out matters such as the children’s living arrangements, education, health care and visitation. Making a parenting plan ensures that the children can continue to receive stable and organised care after their parents’ divorce and allows both parents to continue participating in the children’s lives. A parenting plan can be reached by negotiation and should be in the best interests of the children. However, because it is reached by negotiation, it does not carry the mandatory force of a “parenting order” and lacks enforcement strength.

On issues relating to divorce and raising children in Australia, we have written a series of articles for your reference:

How Does Separation Under One Roof Satisfy the Divorce Separation Requirement?

Requirements and Process for Getting a Divorce in Australia

How Is Property Divided After Divorce in Australia?

An Explanation of Australian Child Parenting Agreements

Can Superannuation Be Split After Divorce?

What to Watch Out for in Property Division in an Australian Divorce

My Spouse Cheated — Can I Get a Bigger Share in the Divorce?

In Australia, Can a Sponsor Who Is Not Yet Divorced Sponsor a Third Person for a Partner Visa?

After Divorce, Does a Step-Parent Have Parenting Responsibilities for the Child?

How Is Child Support Allocated After Divorce?

Do You Need a Lawyer for Divorce? What Can an Australian Divorce Lawyer Do?