A Parenting Plan is an agreement that sets out parenting arrangements for children. A Parenting Plan covers the day-to-day responsibilities of each parent, the practical considerations of a child’s daily life, as well as how parents will agree and consult on important, long-term issues, such as which schools children will attend.

A Parenting Plan, in itself, is not a legally enforceable agreement, and is different from a Parenting Order, which is made by a court. Parties to a Parenting Plan can ask the court to make ‘Consent Orders’ in the terms of that plan. The court will only make a Consent Order if it is satisfied that the terms of the plan are in the best interests of the child. Once made, Consent Orders are legally binding — they have the same effect as any other order made by a Court.

If parents go to court at any time, the court will be required to consider the terms of the most recent Parenting Plan when making a Parenting Order in relation to a child, if it is in the best interests of the child to do so. In order to be recognised by the Court, a Parenting Plan must be in writing, dated and signed by both parents. It must be made free from any threat, duress or coercion.

In addition, when considering the best interests of a child, the Court will also consider the extent to which both parents have complied with their obligations in relation to the child, which may include the terms of a Parenting Plan.

 

For more information and your own specific circumstances, we urge you to seek Independent Legal advice.