HOW TO CREATE A

SUCCESSFUL PARENTING

PLAN AFTER DIVORCE?

Presented By Owen Hodge Lawyers

WHAT WE’LL

COVER? • What is a Parenting Plan?

• Why should you enter into a

Parenting Plan?

• 10 Tips to help you prepare a

successful Parenting Plan

Parenting is NOT easy!

WHAT IS A PARENTING PLAN?

•A Parenting Plan is a signed and executed written agreement entered into between both parents

acknowledging agreement on specific child care arrangements after separation.

•A Parenting Plan should always be prepared while keeping in mind the best interests of the child.

•A Parenting Plan is not a legally enforceable document but it can form the basis or influence final

orders in respect of parenting arrangements subsequently sought from the Court if your

arrangement falls apart.

The Family Law Act 1975 (“FLA”)

encourages parents to mutually decide about

the children’s care arrangements and taking

parenting matters to Court as a last resort. A

Parenting Plan is considered to be valid as

per Section 63C(1) of the FLA, if it fulfils the

following conditions:

• There are no threats, duress or coercion

involved in preparing the plan;

• The agreement is made between the

parents of the child; and

• The agreement is in writing, is dated and is

signed by both the parents.

WHAT IS A

PARENTING

PLAN?

WHY SHOULD YOU ENTER

INTO A PARENTING PLAN?

WHY SHOULD YOU

ENTER INTO A

PARENTING PLAN? • After divorce or separation, you cease to be a

spouse or partner but you do not cease to be a

parent.

• Your responsibility towards the stable and

healthy upbringing of your child remains

undiminished and should be on the top of your

priority list.

• You may not like to contact or stay in touch with

your previous spouse or partner, but for the

sake of your child, it is always advisable that

you retain a healthy and working relationship in

respect of communication and arrangements

for the child.

• A parenting plan is a mechanism which enables

parents to put in writing their agreement in

respect of parenting, similar to a signed

contract, without the need to engage in lengthy

and costly court proceedings.

10 LEGAL TIPS TO HELP YOU PREPARE A

SUCCESSFUL PARENTING PLAN

1. CLEAR

DEMARCATION OF

RESPONSIBILITIES• While preparing a Parenting Plan, discuss

with your ex-partner about your share of

responsibilities and rights regarding the

care arrangements of the child.

• Have a planned schedule about the exact

dates which the child is supposed to spend

with each parent, who is supposed to take

care of the child and for what period.

• Apart from the visitation and custody

arrangements, the plan should also

demarcate responsibilities about financial

arrangements, educational responsibilities,

discipline, household rules and decision

making guidelines for the parents.

2. SPEND TIME

ARRANGEMENTS

WITH THE CHILD

ON SPECIAL DAYS

• On special days like birthdays or

Christmas, one intends to spend more

time with one’s child or family members.

• The Parenting Plan should conclusively

provide for arrangements whereby both

parties get to spend appropriate time

with the child on special days to avoid

any confusion or resentment.

3. EMERGENCY

CONTACT DETAILS &

MODE FOR CONTACT

• A shared care arrangement of the child will

require that you need to inform your ex-

partner about any emergency.

• For such situations the Parenting Plan should

provide for the modes of contacting and

contact details of the parents involved in the

matter.

4. PROVISION FOR

REGULAR CONTACT

• A shared parenting arrangement should

provide for regular contact being maintained

between the child and the parents.

• So one might have the custody of the child

for a certain period, but during this time,

provision for regular contact should also be

mentioned.

5. RESPECT AND FLEXIBILITY

• When parents agree upon a shared care arrangement, they should also agree about

respecting each other’s concerns, wishes and aspirations for the child.

• Furthermore, they should be flexible about adjusting each other’s needs.

6. ACCEPTABILITY

• One should always be open about accepting

that the parenting styles of two different

persons cannot be similar.

• The Parenting Plan should give freedom to

the parties to practise their own parenting

styles within a reasonable limit and the other

parent should accept it.

7. PLANNING IN ADVANCE

• A Parenting Plan should always provide that the parties involved should make plans about the

child or inform about their non-availability to take care of the child for a particular period, in

advance so that the other party can adjust their schedules accordingly.

8. CONDUCT• While entering a Parenting Plan,

the parties should also resolve to

conduct themselves respectfully

in front of each other and the child

and not to mention anything

negative about the other party in

front of the child.

9. DISCUSSION

ABOUT

DISAGREEMENT• Disagreements may arise in a co-parenting

arrangement but the Parenting Plan should

provide methods for resolution of such

disputes.

• Also, such disputes should never be

discussed in front of the child.

10. NO LOYALTY CONFLICTS

10. NO LOYALTY

CONFLICTS• The success of a Parenting Plan on a

long term basis depends on the

understanding between the parents and

the supreme importance they should

give to their children’s development and

needs.

• A child should never be put in middle of

any kind of loyalty conflict between the

parents.

HOW CAN WE HELP YOU?

Our team of experienced lawyers at Owen Hodge Lawyers have substantial experience in

Family Law matters and can guide you in all regards as to the preparation of a Parenting

Plan.

We understand that every child care matter is extremely sensitive and should be handled

with utmost care and compassion. So in case, you are thinking about signing a new

Parenting Plan or amending an existing one or if you have any queries in relation to

preparation of Parenting Plan or would like to speak to one of our family law experts, please

feel free to contact our team at Owen Hodge Lawyers on 1800 770 780.

For more information about this presentation, please feel free to contact our family legal

experts, Laura Gardiner and Alexandra Burke.

http://www.owenhodge.com.au/