Parenting Plans Example: Creating a Child-Focused Agreement in Australia

In Australia, a parenting plan is a voluntary written agreement developed between separated parents that outlines their parenting arrangements for their children. Governed by the Family Law Act 1975 (Cth), particularly under Section 63C, parenting plans can encompass various aspects of parental responsibility, such as with whom the child will live, with whom they will spend time, and how they will communicate with each parent.

Parenting plans are tailored to the unique needs of each family, covering a range of issues affecting their children’s welfare, including education, health, religion, and extracurricular activities. Importantly, while not legally enforceable on their own, these plans can serve as evidence of prior arrangements if court orders are sought in the future.

Legal Requirements for a Valid Parenting Plan

For a parenting plan to be recognized under Australian law, it must meet several legal requirements:

1. In Writing: The plan must be documented in written form.
2. Signed and Dated: Both parents must sign and date the plan to indicate their mutual agreement.

Securing independent legal advice is strongly recommended to ensure both parents understand their rights and obligations before finalizing the agreement. This practice aligns with best legal compliance standards and promotes informed consent.

Benefits of Creating a Parenting Plan

Creating a parenting plan provides numerous advantages for separated parents. By clearly outlining agreements, it helps minimize conflict and offers a predictable framework for children’s living arrangements, education, and emotional support. Below are some key benefits:

• Reduced Conflict: A detailed parenting plan fosters a cooperative environment, allowing parents to adhere to mutually agreed arrangements rather than relying on court-imposed solutions.
• Empowerment: This approach empowers parents to engage in decision-making processes concerning their children’s welfare.

Focusing on Your Child’s Best Interests

The best interests of the child is the paramount consideration in family law matters, as enshrined in the Family Law Act. When drafting a parenting plan, it is crucial that parents carefully consider:

• Child’s Age and Maturity: Different age groups have distinct needs; young children may need more frequent contact to maintain secure attachments, while older children may require greater stability in their schooling and activities.

Example Clause: “The parents agree that all decisions regarding the child’s schooling will consider the child’s preferences and ensure that they continue to excel academically and socially.”

Flexibility and Adaptability of Parenting Plans

One of the significant advantages of parenting plans is their inherent flexibility. Unlike court orders, which can be rigid and difficult to alter, parents can adapt a parenting plan to accommodate specific circumstances as they evolve over time.

Example Scenario: If a parent’s work schedule changes, the parenting plan can be modified to reflect this new arrangement, ensuring that both parents remain actively involved in their child’s life.

Key Elements to Include in Your Parenting Plan

When developing a parenting plan, it is essential to include various key components that reflect the needs of the child and the parents. These elements may include:

Living Arrangements and Parenting Time

Clearly specifying living arrangements and the division of parenting time helps clarify expectations.

Example Clause: “The child will primarily reside with the mother during the school week but will spend every alternate weekend with the father from Friday evening to Sunday evening.”

Parental Communication and Decision-Making

Establishing a communication protocol encourages respectful dialogue between parents, helping them make significant decisions about the child’s welfare.

Example Clause: “Parents will communicate via email for all discussions relating to any significant medical or educational decisions and will respond within 48 hours.”

Financial Support and Expenses

The financial responsibilities of both parents must be delineated to prevent misunderstandings.

Example Clause: “Each parent will contribute equally to any unexpected medical expenses, while child support will be administered according to the Child Support Agency assessment.”

Dispute Resolution Methods

Including a provision for resolving conflicts can help mitigate potential disputes.

Example Clause: “In the event of disagreements regarding the parenting plan, the parents agree to engage in mediation before considering legal action.”

Plan Review and Modification Process

Incorporating a timeline for regular reviews allows parents to adapt to changes in circumstances harmoniously.

Example Clause: “The parents will review this parenting plan every 12 months to ensure its relevance, and any modifications must be documented in writing and signed by both parties.”

Parenting Plans Example

PARENTING PLAN

Dated: ________________

PARENTS

Parent 1: ______________________________
Email: _______________________________
Phone: ______________________________
Address: _____________________________

Parent 2: ______________________________
Email: _______________________________
Phone: ______________________________
Address: _____________________________

CHILD INFORMATION

This parenting plan applies to the following child/children:

Name: _____________________________ Date of Birth: _______________
Name: _____________________________ Date of Birth: _______________

1. INTRODUCTION AND CORE PRINCIPLES

1.1 Foundation of This Plan

This parenting plan is based on our joint recognition that we will both be parenting our child/children for the rest of our lives. We acknowledge that it is in our child’s/children’s best psychological, emotional, and physical well-being that we continue to share parenting responsibilities and privileges.

1.2 Purpose

The purpose of this plan is to provide a practical framework for us to raise our child/children to the best of our abilities. This document is intended to be flexible, as we understand that we will need to adapt to changing circumstances to ensure all parenting decisions remain in our child’s/children’s best interests.

1.3 Our Commitment as Parents

We commit to:

• Prioritize our child’s/children’s needs above our own differences
• Speak respectfully about each other to and in front of our child/children
• Support each child’s relationship with the other parent
• Be flexible and accommodating when changes are needed
• Shield our child/children from adult matters related to our separation
• Make decisions based on our child’s/children’s best interests

2. PARENTAL RESPONSIBILITY AND DECISION-MAKING

2.1 Joint Legal Custody

We will share joint legal custody, with equal shared parental responsibility for all major long-term decisions affecting our child/children.

2.2 Major Decisions Requiring Joint Agreement

The following decisions will be made jointly by both parents:

2.2.1 Education

• Selection of schools
• Participation in special education programs
• Attendance at summer school
• Decisions about post-high school education

Process for educational decisions:

1. We will both communicate directly with the child’s/children’s schools
2. We will attend parent-teacher conferences (together or separately)
3. We will share all school information with each other
4. We agree that post-high school education is important and will support our child’s/children’s efforts for further education including making financial investments

2.2.2 Health and Medical Care

• Selection of doctors, dentists, and other healthcare providers
• Non-emergency, elective surgery decisions
• Significant medical or dental treatments
• Orthodontic services
• Starting long-term medications

Medical appointments: We will coordinate scheduling and share responsibility for taking our child/children to appointments.

Emergencies: In cases of medical emergency, the child/children shall be cared for immediately and the other parent notified as soon as possible. Either parent may consent to emergency medical treatment without waiting for the other parent’s consent.

2.2.3 Mental Health and Psychological Care

• Whether to obtain counseling, evaluation, or other mental health care
• Selection of mental health or psychological care providers
• Whether to use medication for mental health conditions
• Duration of counseling or other mental health care (considering provider recommendations)

2.2.4 Religion and Cultural Heritage

• Participation in religious education
• Membership in a particular religious or spiritual group
• Participation in religious ceremonies or rites
• Cultural traditions to be observed

Agreement: Neither parent will indoctrinate or guide the child/children toward religious practice without the consent of the other parent.

2.3 Day-to-Day Decisions

Each parent will be responsible for day-to-day decisions during their own parenting time.

2.4 Activities and Extracurricular Participation

• Activities occurring during a parent’s scheduled time may be chosen by that parent, who will also be responsible for associated costs
• Activities that span both parents’ time require joint agreement and shared costs
• Neither parent will enroll the child/children in activities scheduled during the other parent’s time without prior agreement

Process for activity decisions:

1. Share all information about potential activities (cost, schedule, equipment, travel)
2. Consider the child’s/children’s interests and preferences
3. Discuss logistics of transportation and attendance
4. Reach agreement before committing the child/children

3. PARENTING TIME SCHEDULE

3.1 Regular Schedule

Both parents agree that it is critical to be flexible while still respecting the need for advance notice of schedule changes.

Regular Weekly Schedule: [Detail specific weekly schedule here – example:

• Week 1: Child with Parent 1 on Monday, Tuesday, and Friday through Sunday; with Parent 2 on Wednesday and Thursday
• Week 2: Child with Parent 2 on Monday, Tuesday, and Friday through Sunday; with Parent 1 on Wednesday and Thursday]

3.2 Holiday and Special Occasions Schedule

The holiday schedule takes precedence over the regular parenting schedule. See the Holiday Schedule Table at the end of this document for specific arrangements.

3.3 School Vacation Periods

School vacation days will follow the Holiday Schedule Table at the end of this document. Any vacation periods not specified will follow the regular parenting schedule or be agreed upon by both parents.

3.4 Travel and Vacation

1. Each parent may take the child/children out of town during their scheduled parenting time or at other agreed-upon times
2. Each parent may take the child/children out of town for up to 3 weeks per year, which will supersede the regular schedule
3. The parent planning travel will provide at least 1 month’s notice with proposed dates
4. Each parent may take vacation time without the child/children during their scheduled time, with the other parent caring for the child/children for up to 2 weeks per year
5. Neither parent will discuss vacation plans with the child/children until dates and destination have been discussed with the other parent

3.5 Residence and Housing

The child/children will have their own room at both parents’ homes. Neither home should be presented as the child’s/children’s primary residence.

3.6 Transportation

The parent whose parenting time is ending is responsible for transporting the child/children to the other parent or to school/daycare. If the child/children are at school or daycare before a change in parenting time, the parent beginning their time will pick up the child/children.

4. COMMUNICATION

4.1 Communication Between Parents

Primary method: [Email/Text/Phone/Co-parenting app]

Regular communication expectations:

• Respond to communications within 24 hours when possible
• Use emergency phone calls for urgent matters
• Maintain respectful communication focused on the child’s/children’s needs
• Share information about:
  • Changes to parenting time schedule
  • Updates on activities
  • New developments in the child’s/children’s life
  • Relevant changes in parents’ lives
  • Problems or concerns
  • Discipline matters

Guidelines for communication:

• Focus on present and future, not the past
• Focus on solutions rather than problems
• Discuss one issue at a time
• Don’t interrupt each other
• Use respectful language (verbal and non-verbal)
• Avoid triggering statements
• Use “I” statements rather than “you” statements
• Change the subject or pause the conversation if it becomes negative

4.2 Communication With Children

• Each parent will facilitate reasonable telephone/video contact with the other parent
• Child/children may contact the non-residential parent between [time] and [time] daily
• Neither parent will monitor or unnecessarily interrupt these communications
• Both parents may attend school and extracurricular events regardless of whose parenting time it is

4.3 Communication During Travel

The traveling parent will facilitate regular communication between the child/children and the other parent.

4.4 Commitment to Improve Communication

Both parents recognize that successful co-parenting requires effective communication. Each parent agrees to attend individual therapy sessions (at least twice monthly for 6 months) to address any issues that impede open and productive communication.

5. INFORMATION SHARING

5.1 Rights of Access to Information

Each parent has the right to:

• Access and receive copies of school, medical, dental, religious, and other important records
• Access information about health or dental insurance
• Be informed about the child’s/children’s school of attendance
• Be informed by school officials about welfare, educational progress, and status
• Attend school and parent-teacher conferences
• Be notified of accidents or serious illness, and informed of healthcare providers and treatment locations
• Have reasonable access and telephone contact with the child/children

5.2 Required Information Sharing

Each parent shall provide directly to the other parent:

• School report cards and evaluations
• School calendars
• Parent-teacher conference notices
• School discipline information
• Medical, dental, and psychological information
• Medication information
• Insurance documentation
• Religious training information
• Activity schedules and evaluations

6. CHILD CARE

6.1 Work-Related Child Care

Decisions regarding care during parents’ work hours shall be made:

• Jointly by agreement of both parents, OR
• By the parent responsible for the child/children at that time

6.2 Selection of Child Care Providers

The selection of work-related child care providers shall be made jointly.

6.3 Emergency Contacts

All child care providers shall be given both parents’ contact information, plus alternative emergency contacts: [Names] _______________ and _______________

6.4 Financial Responsibility

The parent requiring child care during their parenting time is responsible for arranging and paying for it.

7. GUIDELINES, EXPECTATIONS, AND DISCIPLINE

7.1 Major Behavioral Issues

Decisions regarding guidelines/expectations and consequences/discipline for major infractions shall be made jointly. Major infractions include:

• Breaking the law
• Cheating in school
• Not following school rules
• Truancy
• Causing harm to others
• Damaging property
• Stealing
• Lying about significant matters
• Other serious behavioral issues

7.2 Consistent Expectations

Parents will maintain consistency in:

Homework: _________________________________

Curfews: __________________________________

Bedtimes: _________________________________

Phone/Screen Usage: ________________________

Chores: ___________________________________

Other: ___________________________________

7.3 Day-to-Day Discipline

Each parent is responsible for everyday discipline during their parenting time, while maintaining general consistency with the other parent’s approach.

8. EXTENDED FAMILY RELATIONSHIPS

Both parents shall support the child’s/children’s relationships with members of the other parent’s family without restrictions.

9. ATTENDANCE AT CHILDREN’S ACTIVITIES

Both parents shall be entitled and encouraged to:

• Attend games, practices, and/or coach sports
• Attend music lessons, rehearsals, and recitals
• Attend events for clubs and organizations
• Lead or regularly participate in organizations
• Other activities: _______________________________

10. INTRODUCING NEW PARTNERS

10.1 Introduction Process

• Each parent will inform the other before introducing a new partner to the child/children
• New partners will not be introduced until the relationship has been established for [time period]
• New partners will not discipline the child/children or be solely responsible for their care initially
• Both parents will encourage the child/children to treat new partners with respect

11. RELOCATION

Any decision to move the child’s/children’s residence shall be based on the best interests of the child/children. Parents agree to:

• Provide written notice of intent to relocate at least [60-90] days in advance
• Discuss potential impacts on the parenting schedule
• Work together to modify the plan as needed

12. DISPUTE RESOLUTION

12.1 Process for Resolving Disagreements

If a dispute arises regarding this parenting plan, parents will:

1. Attempt to resolve the issue through direct communication
2. If unsuccessful, mediate with a mutually agreed-upon mediator
3. If mediation is unsuccessful, jointly consult with a neutral parenting expert
4. Only pursue legal proceedings as a last resort

12.2 Selection of Neutral Experts

If agreement on an expert cannot be reached, the mediator will provide a list of 5 neutral experts, each parent may strike 2, and the remaining individual will be selected.

13. REVIEW AND MODIFICATION

13.1 Regular Review

This parenting plan shall be reviewed:

• Annually on [date]
• When either parent believes arrangements no longer serve the child’s/children’s best interests
• When there is a significant change in circumstances

13.2 Process for Modifications

Changes to this plan shall be:

• Made in writing and signed by both parents
• Formalized through a Stipulation for Modification if substantial changes are made

14. SIGNATURES

We acknowledge that this Parenting Plan represents our genuine agreement about the care arrangements for our child/children. We commit to implementing these arrangements in good faith and in the best interests of our child/children.

Parent 1: __________________________ Date: __________

Parent 2: __________________________ Date: __________

Witness: __________________________ Date: __________