Separating or divorcing parents may tend to think about parenting plans and Family Law Act. When parents separate, they should also think about what happens to their original parenting arrangements. Some parents tend to forget about this and think that a simple parenting plan will work even after a divorce.
However, this will cause a lot of disputes due to the lack of detail and clauses in parenting plans. Parents or parties who want to make post-separation arrangements privately can do so by writing a parenting plan. Section 63A of the Family Law Act 1975 is the division that covers parenting plans.
It is important to remember that private parenting arrangements are generally not legally enforceable. However, the courts may turn them into legally enforceable parenting orders through consent orders or court hearings. This article will state relevant sections about the parenting plans Family Law Act.
Parenting Plans Family Law Act: The Child’s Best Interests
It’s important to consider the child’s best interests when drafting parenting plans. This is because children need to receive the proper care, love, and attention even if their parents separate or divorce. These are the primary considerations for the child’s best interests according to Section 60CC of the Family Law Act:
- Children have the right to have a meaningful relationship with their parents and other significant people in their life like relatives, grandparents, siblings, step-parents, step-siblings, and close friends.
- Children have the right to have protection from family violence or any type of abuse or neglect
In the parenting plans Family Law Act, parents only have the duty and responsibility to fulfill their child’s needs. So, parents should carefully consider what to put in parenting plans since it will entirely depend on the child’s best interests. It’s also a requirement that parents reach an agreement when they are creating parenting plans.
Section 63B: Agreements About Parenting Plans
It’s important that divorcing parents come to an agreement about parenting plans. Failure to reach an agreement will cause disputes in parenting arrangements, and strain on the child. Courts will also encourage parents to reach an agreement since court procedures are only used as a last resort. Parents who can come to an agreement can further enforce it to the court through a court order.
Section 63C: What’s Included In a Parenting Plan?
Section 63C contains the definition of parenting plans in Family Law Act. Divorce takes a heavy toll on children, so separating or divorcing parents must first make parenting plans before finalising a divorce. Parenting plans, as the name suggests, are agreements made for children that typically contain:
- Who a child will be living with;
- How much time a child should spend with another person;
- Who is to have parental responsibility over a child;
- How two or more people who share parental responsibility for a child should consult with one another;
- The communication that a child will have with another person or people (telephone, letters, or online);
- The maintenance of a child;
- How to resolve disagreements over the terms of the parenting plan;
- The modification of a parenting plan for the changing circumstances and needs of the child and the child’s parents;
- Any aspect of a child’s care, welfare, or development; and
- Any other aspect of parental responsibility over a child.
Section 63CAA: Parenting Plans With Child Support Provisions
Can parenting plans include child support provisions? Yes. According to Section 63CAA of the parenting plans Family Law Act, parenting plans may include child support provisions. However, the provisions of subsection 84(1) of the Child Support (Assessment) Act 1989 do not apply to parenting plans. An example of one of these provisions is the payment of child support on a periodic basis at an annual rate.
Section 63D: Revoking or Varying a Parenting Plan
Parents are allowed to make agreements for revoking or varying their parenting plan for their children. In some cases, parents may have forgotten to include a provision or an agreement in their parenting plan. It’s fairly easy to revoke or vary a parenting plan since it is not legally enforceable.
But, what if the parenting plan was already turned into a court parenting order? Parents must demonstrate that there are significant changes to their circumstances or the child’s before they want to revoke or vary a parenting order. The court will still look into the child’s best interests when varying or revoking a parenting plan.
Section 63DA: Advisers in Parenting Plans
Advisers for parenting plans are either legal practitioners, family counsellors, family dispute resolution practitioners, or family consultants. These people aid divorcing parents to come to an agreement when drafting parenting plans. Advisers have the following obligations to inform parents about:
- Making a parenting plan for their child
- Where to get more assistance in developing and making content for the parenting plan
- The child’s best interests in the parenting plan
- The child spending equal time with each parent and that the equal time is reasonably practicable
- The allocation of equal shared parental responsibility or sole parental responsibility
- Making provisions that can resolve future or possible disputes
- Changing the parenting plan for the developing or changing circumstances of the child if necessary
- Explaining the procedure to parties in a language that they will understand
- Suggesting programs to help parties who are having difficulty in complying with parenting plans
Section 63DB: Registered Parenting Plans
According to Section 63DB of parenting plans in Family Law Act, parents may register their parenting plans with the Family Court. A parenting plan can only be changed after it has been registered with the Court. Moreover, a registered parenting plan names only the parents and no other adults as having responsibility for a child’s care.
Tackling Parenting Plans Family Law Act With Family Lawyers
Divorcing parents should always exercise careful planning and consideration before they register or enforce their parenting plans in the family court. That’s why it’s important to seek advice from a family lawyer since they know the best options and approaches when drafting parenting plans.
JB Solicitors also offer mediation services for disputed couples who want to come to an agreement about their parenting plans.
Reach out to us today if you have more questions about parenting plans and Family Law Act.
