Separation isn’t easy, particularly when children are involved.
When parents have gone from living under the same roof to living apart, navigating child arrangements can be difficult. In such circumstances, separated parents may find it beneficial to have a written plan in place setting out practical issues relating to their children that they can refer to. This is where a parenting plan can assist.
What is a parenting plan?
Parenting plans are documents voluntarily entered into by separated parents that set out agreements reached between them as to how their children shall be cared for. Drawing up a parenting plan can assist both parents with understanding what is expected of them when it comes to the children and reduces the possibility of confusion and future conflict.
What do parenting plans include?
There are no rules as to what a parenting plan can or should contain, but generally speaking, it will address arrangements for children and their general upbringing. The key to a parenting plan is ensuring that it is drafted with the child’s best interests in mind and that the arrangements agreed meet both their physical and emotional needs.
There are several issues that may be helpful to cover within a parenting plan:
- Where and with whom the child shall live.
- How much time the child shall spend with each parent.
- How and where handovers shall take place.
- What will happen on special days, such as birthdays and religious holidays.
- How parents will communicate with each other and the child when they are apart.
- How parents will make big decisions about the child, for example in relation to medical care and education, as well as in the case of emergencies.
- How the financial needs of the child shall be met.
This is not an exhaustive list; in reality, all families are different and parenting plans can include anything of relevance to their personal circumstances, within reason.
Both parents have the opportunity to give their input into what the parenting plan should cover, and to be effective all of the issues need to be agreed between them. Creating a plan together in this way can encourage parents to work as a team for the benefit of the child, through communication and compromise. In turn, this gives children a sense of stability and routine.
Are parenting plans legally binding?
Parenting plans are not legally binding, which means that they cannot be enforced if one parent chooses not to follow the plan. However, they are agreed documents reflecting what parents decide are in the best interests of the child. Therefore, if either party does renege on the agreement without a legitimate reason and the other parent issues court proceedings to deal with child arrangements as a consequence, the parenting plan can be presented to the court as a starting point.
What if we can’t agree on a parenting plan?
If parents are not able to make joint decisions concerning their child between themselves, then prior to making a court application they should try and attend mediation with a view to resolving matters in a constructive manner. However, if an agreement still cannot be reached in relation to an aspect of a child’s upbringing, then either parent can make an application to the court for the court to decide.
Court proceedings are a last resort, particularly when it comes to children matters. It can be a costly and stressful process therefore if parents are able to put together a parenting plan by agreement, this should be encouraged.
For confidential, trusted advice about arrangements for children, contact our family solicitors at family@mincoffs.co.uk, or visit our family page.
