Parenting Plan - Template Form to Fill out Word and PDF Pro · AU-law

PARENTING PLAN

Made pursuant to section 63C of the Family Law Act 1975 (Cth)

§1  BACKGROUND

1.1  This Parenting Plan ("Plan") is made on ________ between the following parents (each a "Parent" and together the "Parents"):

First Parent: ________
Date of birth: ________
Address: ________
Telephone: ________
Email: ________

And:

Second Parent: ________
Date of birth: ________
Address: ________
Telephone: ________
Email: ________

§2  NATURE OF THIS PLAN

2.1  This Plan is a parenting plan within the meaning of section 63C of the Family Law Act 1975 (Cth) ("Act"). It is made free from any threat, duress or coercion.

2.2  The Parents acknowledge that this Plan is not a parenting order and is not enforceable as if it were an order of a court. The Parents may apply to the Federal Circuit and Family Court of Australia to have the terms of this Plan made into consent orders should they wish to do so.

2.3  The Parents acknowledge that, in any subsequent proceedings under the Act, a court may have regard to the terms of the most recent parenting plan in determining what arrangements are in the best interests of the Child, as contemplated by sections 64D and 65DAB of the Act.

2.4  The Parents confirm that, before making this Plan, each Parent was given the opportunity to obtain independent legal advice and to seek information about family counselling and family dispute resolution services.

§3  PREVIOUS PARENTING PLAN

3.1  This Plan replaces and supersedes the previous parenting plan dated ________ (if any) and any prior informal arrangement between the Parents in relation to the Child.

§4  THE CHILD

4.1  This Plan relates to the following child ("Child"): ________, born ________.

4.2  The Parents confirm that ________ is a parent of ________.

4.3  The Parents confirm that ________ is a parent of ________.

§5  BEST INTERESTS OF THE CHILD

5.1  The Parents agree that the best interests of the Child are the paramount consideration in giving effect to this Plan, consistent with sections 60CA and 60CC of the Act.

5.2  The Parents agree to act together, and to encourage the Child to have a meaningful relationship with both Parents, to the extent that doing so is consistent with the safety of the Child and the Parents.

5.3  The protection of the Child from harm, abuse, neglect or family violence takes priority over any other arrangement set out in this Plan.

§6  PARENTAL RESPONSIBILITY

6.1  The Parents agree that they will share parental responsibility for the Child and will consult with one another and make a genuine effort to reach a joint decision in relation to major long-term issues affecting the Child within the meaning of the Act.

§7  LIVING ARRANGEMENTS

7.1  The Parents agree to the following general living arrangements for the Child ("Living Arrangements"):

During the school term

________

During school holidays

________

Other holidays, events and special occasions

________

7.2  For any handover that occurs outside school hours, the Parent handing over the Child will deliver the Child to the other Parent's residence, unless the Parents agree otherwise in writing.

7.3  On any school day, or day of any other event (such as an excursion or sports day), if the Child wakes at a Parent's residence, that Parent will be responsible for organising the Child's lunch for that day.

§8  CHANGES OF PLANS

8.1  Either Parent may change the usual Living Arrangements set out in this Plan up to 4 (four) times per year, provided that:

(a) the Parent provides at least 2 (two) weeks' notice to the other Parent;

(b) the change does not include Christmas, the Child's birthday, or other similar special occasions, unless otherwise agreed by both Parents; and

(c) the change does not create a block of time exceeding 10 (ten) nights during summer school holidays, or 5 (five) nights during any other school holidays, unless otherwise agreed by both Parents.

8.2  Despite clause 8.1, if both Parents agree, they may change the usual Living Arrangements as they see fit.

§9  EDUCATION AND HOMEWORK

9.1  The Parents agree to the following arrangements in relation to the Child's education:

________

§10  DIET AND NUTRITION

10.1  The Parents agree to the following arrangements in relation to the Child's diet and nutrition:

________

§11  POCKET MONEY

11.1  The Parents agree to the following arrangements in relation to the Child's pocket money:

________

§12  CHORES

12.1  The Parents agree to the following arrangements in relation to the Child's chores:

________

§13  LIVING COSTS AND CHILD SUPPORT

13.1  The Parents agree to the following arrangements in relation to the Child's living costs:

________

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§14  EXTENDED FAMILY

14.1  The Parents agree to the following arrangements to ensure that the Child can maintain contact with their extended family, including grandparents and other persons concerned with the care, welfare and development of the Child:

________

§15  CO-CURRICULAR ACTIVITIES

15.1  The Parents agree to the following arrangements in relation to the Child's co-curricular activities:

________

§16  COMMUNICATION WITH THE CHILD

16.1  The Parents agree to the following arrangements to ensure that each of them can maintain contact with the Child while the Child is staying with the other Parent:

________

§17  COMMUNICATION BETWEEN PARENTS

17.1  The Parents acknowledge that raising the Child is a shared responsibility and that they need to communicate and work together to achieve the best outcomes for the Child.

17.2  The Parents acknowledge that it is in the Child's best interests for both Parents to set a positive example in the Child's life.

17.3  The Parents agree to avoid speaking negatively about one another in front of the Child.

17.4  If either Parent receives important information relating to the Child (for example from the school, a medical practitioner, a coach or another parent), that Parent will inform the other Parent of the information as soon as reasonably practicable.

17.5  If a Parent has a disagreement with the other Parent, they will raise it directly with the other Parent and will not involve the Child in the disagreement.

17.6  Each Parent will aim to respond to any attempted contact from the other Parent within 48 (forty-eight) hours, except where reasonable or exceptional circumstances prevent them from doing so.

17.7  The Parents will communicate, by telephone or in person, at least once every 2 (two) months to discuss the Child.

17.8  Each Parent will notify the other Parent as soon as reasonably practicable of any change to their contact details or residential address.

§18  PRESENTS

18.1  The Parents agree to the following arrangements in relation to presents for the Child:

________

§19  DECISION MAKING ON MAJOR LONG-TERM ISSUES

19.1  The Parents agree that any major long-term decision about the Child's care, welfare and development must be made jointly and may not be made by one Parent alone. Such decisions include, but are not limited to, decisions relating to:

(a) changing the Child's school or major school subjects;

(b) tertiary education, including university or TAFE applications, enrolment or deferral;

(c) enrolling in or withdrawing from sports teams or other co-curricular or extra-curricular activities;

(d) applying for or renewing a passport;

(e) travelling interstate or overseas;

(f) tattoos, piercings or other body modifications;

(g) the Child's long-term medical or dental care; and

(h) changes to the Child's name, or to the Child's religious or cultural upbringing.

19.2  If either Parent is unsure whether a decision requires joint agreement under clause 19.1, they will discuss it with the other Parent before acting.

19.3  Each Parent may make decisions about day-to-day matters concerning the Child while the Child is in that Parent's care, without the need to consult the other Parent, provided such decisions are not major long-term issues.

19.4  In an emergency, a Parent may make any decision necessary to protect the health, safety or welfare of the Child and will inform the other Parent as soon as reasonably practicable.

§20  DISPUTE RESOLUTION

20.1  If the Parents disagree on any matter relating to the Child, they will first attempt to resolve the matter by discussing it between themselves in good faith, having regard to the best interests of the Child.

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§21  VARIATION AND REVIEW

21.1  This Plan may be varied at any time by mutual agreement, provided that any variation is recorded in writing and is signed and dated by both Parents in accordance with section 63C of the Act.

21.2  The Parents agree to review this Plan periodically, and at least once every 12 (twelve) months, to ensure that it continues to reflect the best interests of the Child and the circumstances of the Parents.

21.3  The Parents acknowledge that the needs of the Child will change over time, and they will approach any review or variation of this Plan with flexibility and in good faith.

21.4  The Parents acknowledge that this Plan is not a legally enforceable agreement and is not a parenting order made by a court. It is a written record of the arrangements the Parents have agreed in relation to the care of the Child.

21.5  The Parents acknowledge that this Plan has been entered into freely and voluntarily, without any duress, coercion or undue influence, and that each Parent has had the opportunity to obtain independent legal advice before signing.

21.6  Where a court is required to consider this Plan, the court may have regard to its terms to the extent permitted under the Act.

21.7  This Plan constitutes the entire understanding between the Parents in relation to the parenting arrangements for the Child and replaces any prior parenting plans or arrangements between them.

§22  GOVERNING LAW

22.1  This Plan is governed by the laws of ________ and the Family Law Act 1975 (Cth).

Signed by the Parents on ________.

Signed by ________:

____________________________________
________
Date: ________

In the presence of (witness):

____________________________________
Witness name: ________
Witness address: ________

Signed by ________:

____________________________________
________
Date: ________

In the presence of (witness):

____________________________________
Witness name: ________
Witness address: ________