Family Mediation Blog |
The Legal LandscapeIn Australia, parenting plans can take various forms, but they must adhere to the guidelines set out in section 63C of the Family Law Act 1975. To be valid, a parenting plan must be free from coercion, be in writing, and signed and dated by both parents. It's crucial to note that while parenting plans are not legally enforceable on their own, they can be integrated into a legally binding Parenting Order through an Application for Consent Order form, ensuring the court considers the best interests of the children involved (Family Law Act 1975, section 60CC). If you're looking to turn your parenting plan into consent orders, you should seek independent legal advice Must-Haves for Your Parenting Plan:There is no set formulas or requirements for particular items to be included in a parenting plan. Some may be a simple statement about how and when each parent picks up the children. Others can be well written contract-like document that clearly explains every nuance of the care arrangements the parents could think of. Every family situation is unique, taking into account how well the parents are able to communicate, and what resources or support is available to the family. The following is a list of things you may consider for your parenting plan. Living Arrangements:Clearly define where the children will reside and how time will be structured between both parents. This includes regular weekdays as well as school holidays, addressing any changes to the schedule during special occasions. Special Occasions:Outline how special occasions, such as holidays and birthdays, will be celebrated and shared between both parents. The definition of "special days" and associated arrangements is a personal decision for the parents to make collaboratively Communication:Specify how the children will maintain contact with both parents and extended family members. Effective communication between co-parents and involvement of grandparents can contribute positively to a child's well-being and development. Education:If both parents share equal responsibility for major decisions, articulate how educational choices will be made, including the type of school, financial responsibilities, and the communication of schooling information. Children's Activities:Provide details on the children's extracurricular activities, including who will cover associated costs and how information and schedules will be communicated. Consideration should be given to who can attend these activities, fostering a supportive family environment. Finances:Address day-to-day financial responsibilities, including medical costs, and discuss how these will be shared between both parents. While a parenting plan is not legally enforceable, it can serve as a platform to discuss financial support if a formal child support agreement is not in place. Parenting Decisions:Establish a framework for making major decisions together, such as relocating, changing schools, and handling family emergencies. Clear communication and collaboration are key in ensuring the child's best interests are upheld.
Parenting Plans Mediation is a Family Dispute Resolution service specialising in assisting separating parents, and sometimes grandparents and others, in reaching agreement for the ongoing care of their children. Where necessary, a section 60I Certificate is issued for application to the Courts. The information contained in this blog is general in nature and should not be relied upon as legal advice. Parenting Plans Mediation encourages parties to speak to a legal practitioner and may make a referral to legal and mental health services where necessary.
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