Documenting Your Parenting Agreement: Parenting Plans

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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