What is a Parenting Plan & what goes in a Parenting Plan?
A Parenting Agreement cannot be a Parenting Plan unless it is made free from any threat, duress or coercion.
It was only until 2003 that a Parenting Plan could be registered with the Court.
A Parenting Plan registered prior to the 2003 changes to the law, remains in force until it is revoked by agreement in writing by the parties or by Court Order.
A Parenting Plan is not binding or enforceable unless it is made after 1 July 2006 and amends a previous Court Order.
If the Parenting Plan is not binding or enforceable, the Court will however consider the contents of the Parenting Plan. A Parenting Plan is a parenting agreement which documents parenting arrangments and must be:
- written; and
- made by the parents of a child; and
- signed by the parents of the child; and
- dated; and
- dealing with any one or more of the following things:
- who a child lives with;
- the time a child spends with the other parent, relatives or another person;
- the allocation of “parental responsibility” for a child;
- if 2 or more persons are to share parental responsibility for a child, the way those persons consult with one another about decisions to be made for the Child;
- the (frequency and type of) communication a child is to have with other parent, relatives or another person;
- the financial support of a child;
- how disputes about the terms of the Parenting Plan are resolved;
- what process will be used to change the Parenting Plan to take account of the changing needs or circumstances of either the Child or the parties to the Parenting Plan;
- any aspect of the care, welfare or development of the Child; or
- any other aspect of parental responsibility for a Child.
Documenting a Parenting Agreement: More Information
We also have the following Fact Sheets providing more legal information about documenting your Parenting Agreement:
- How is a Parenting Agreement Documented
- Documening a Parenting Agreement or Not Doing So
- What are the risks of not documenting our Parenting Agreement
- What is a Parenting Plan & what should go in a Parenting Plan
- What is a Parenting Consent Order and do I need one
- Should I use a Parenting Plan or a Consent Order to document our Parenting Agreement
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All Topics in the Child Issues Section
- Types of Parental Responsibility Orders
- Child’s Time with Parents: Shared Care or not
- Grandparents: Rights to see Grandchildren
- Documenting a Parenting Agreement
- Best Interests of the Children
- Relocation of a Parent with a Child
- Change of a Child’s Surname
- Child Passports & Overseas Travel after Separation or Divorce
- How to change a Final Parenting Order previously made by the Court
- International Child Abduction