What are parenting plans?
As the couple part, a parenting plan assists separated parents in sorting out the parenting arrangement. It sets out rules for how you plan to co-parent following separation or divorce. The parenting plan provides structure and an amicable agreement that works for both parents.
What is a parenting plan?
A parenting plan is a voluntary, written agreement that covers the most practical decisions in relation to children. It covers issues like living arrangements, education, healthcare, and finances.
Moreover, the plan aims to resolve disputes amicably and informally about how they plan to parent the child after divorce. To clarify, it is not a court order and does not prevent either parent from applying for a child arrangements order.
What do parenting plans cover?
This agreement outlines parental aspirations, commitments, plans, and arrangements. It covers a few or all of the following:
- Communication
- Living arrangement
- Decision making
- Child maintenance
- Healthcare and mental well-being
- Travelling abroad
- Education
- Religion
It states all the arrangements related to a child and does not cover division of assets between the couple, spousal maintenance, etc.
Agreeing on a parenting plan
Separating parents can either agree on the day-to-day arrangements on their own or through the help of a solicitor, mediator, or alternate dispute resolution (ADR) professional.
If the parents can not agree on the contents of their plan, they can approach a dispute resolution service such as mediation to work out the best possible arrangements.
A mediator will help resolve issues quickly and put the plan down on paper. Considering the situation and best interests of the child, he will help both parties reach a satisfactory outcome.
Are parenting plans legally binding?
A parenting plan is not a legally binding document and does not have evidential weight in any court proceedings.
However, there is an option to formalise the agreement and make it legally binding through a consent order.
Formalising the parenting plan
Once the parents have agreed on a plan, they can make it legally binding via a Consent Order or Minute of Agreement. It does not require any parents to appear in court.
Either parent can apply for a consent order with or without a lawyer in England, Wales, and Northern Ireland. A Minute of Agreement is only available in Scotland.
Parents can file consent orders on their own or through a solicitor, it will require a minimal court fee.
How long does a parenting plan last?
It lasts as long as stated in the document, however, it has to be flexible and open to variations. For instance, it may need to be revised as time passes and the family circumstances change. Most parents include a review date in the plan to review it after a certain period of time or when the child grows.
Wrap Up
The parenting plan is a useful document that helps reach agreements and plans without having the need to go to court. It is well suited for separating families to reach a compromise about multiple issues related to a child.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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