That a Base Amount of $140,000

EXPLANATORY NOTES – PARENTING PLAN

Parents may enter into a parenting plan under s 63C of the Family Law Act 1975 as to any of the following:

(a)  the person or persons with whom a child is to live;

(b)  the time a child is to spend with another person or other persons;

(c)  the allocation of parental responsibility for a child;

(d)  if two or more persons are to share parental responsibility for a child – the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;

(e)  the communication a child is to have with another person or other persons;

(f)  maintenance of a child (Note – only enforceable if the parents apply successfully to CSA for acceptance of the parenting plan as a child support agreement under s 63CAA(3). For enforceability, see “child support agreements” from page 5-36 TFLB.)

(g)  the process to be used for resolving disputes about the terms or operation of the plan;

(h)  the process to be used for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan;

(i)  any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

The “person” referred to above may be, or the persons referred to above may include, either a parent of the child or a person other than the parent of the child (including a grandparent or other relative of the child): subsection (2A).

A parenting plan is not enforceable, whereas a parenting order is.

A parenting plan may only be varied or revoked by a later parenting plan: s 63D. Only parenting plans registered before the 2003 amendment (which repealed registration of parenting plans) may be varied by the court: s 63H. However, an unregistered parenting plan may effectively be varied by a party applying to the court for a parenting order under s65C. In that event, the court must have regard to the terms of the most recent parenting plan “if doing so would be in the best interests of the child”: s65DAB.

A parenting order is “subject to” (capable of being amended by) a later parenting plan: s64D. If contravention of a parenting order is alleged at a time when a later parenting plan was in force, the court must have regard to the terms of the parenting plan and consider whether to make an order varying the order to include some or all of the provisions of the parenting plan (with or without modification). Also, the parenting plan’s terms may be a defence to the contravention application: s70NBB.

Obligations of advisers

Note – An “adviser” includes a legal practitioner: s 63DA(5).

Section 63DA provides as follows:

1.  If an adviser gives advice or assistance to people in relation to parental responsibility for a child following the breakdown of the relationship between those people, the adviser must:

(a)  inform them that they could consider entering into a parenting plan in relation to the child; and

(b)  inform them about where they can get further assistance to develop a parenting plan and the content of the plan.

2.  If an adviser gives advice to people in connection with the making by those people of a parenting plan in relation to a child, the adviser must:

(a)  inform them that, if the child spending equal time with each of them is:

(i)  reasonably practicable; and

(ii)  in the best interests of the child;

they could consider the option of an arrangement of that kind; and

(b)  inform them that, if the child spending equal time with each of them is not reasonably practicable or is not in the best interests of the child but the child spending substantial and significant time with each of them is:

(i)  reasonably practicable; and

(ii)  in the best interests of the child;

they could consider the option of an arrangement of that kind; and

(c)  inform them that decisions made in developing parenting plans should be made in the best interests of the child (note – this para (c) repealed as at 7 June 2012 as part of the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011, which introduced s 60D requiring an adviser to advise their clients that the best interests of a child are paramount under the FLA, which are best met by them (1) encouraging a meaningful relationship between child and both parents and (2) protecting the child from harm or being exposed to family violence (the latter to prevail over the former in the event of any inconsistency ); and

(d)  inform them of the matters that may be dealt with in a parenting plan in accordance with subsection 63C(2); and

(e)  inform them that, if there is a parenting order in force in relation to the child, the order may (because of section64D) include a provision that the order is subject to a parenting plan they enter into; and

(f)  inform them about the desirability of including in the plan:

(i)  if they are to share parental responsibility for the child under the plan--provisions of the kind referred to in paragraph 63C(2)(d) (which deals with the form of consultations between the parties to the plan) as a way of avoiding future conflicts over, or misunderstandings about, the matters covered by that paragraph; and

(ii)  provisions of the kind referred to in paragraph 63C(2)(g) (which deals with the process for resolving disputes between the parties to the plan); and

(iii)  provisions of the kind referred to in paragraph 63C(2)(h) (which deals with the process for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan); and

(g)  explain to them, in language they are likely to readily understand, the availability of programs to help people who experience difficulties in complying with a parenting plan; and

(h)  inform them that section65DAB requires the court to have regard to the terms of the most recent parenting plan in relation to the child when making a parenting order in relation to the child if it is in the best interests of the child to do so.

Note – Paragraphs(a) and (b) only require the adviser to inform the people that they could consider the option of the child spending equal time, or substantial and significant time, with each of them. The adviser may, but is not obliged to, advise them as to whether that option would be appropriate in their particular circumstances.

3.  For the purposes of paragraph(2)(b), a child will be taken to spend “substantial and significant time” with a parent only if:

(a)  the time the child spends with the parent includes both:

(i)  days that fall on weekends and holidays; and

(ii)  days that do not fall on weekends or holidays; and

(b)  the time the child spends with the parent allows the parent to be involved in:

(i)  the child's daily routine; and

(ii)  occasions and events that are of particular significance to the child; and

(c)  the time the child spends with the parent allows the child to be involved in occasions and events that are of special significance to the parent.

4.  Subsection(3) does not limit the other matters to which regard may be had in determining whether the time a child spends with a parent would be substantial and significant.

Parenting plan

THIS PARENTING PLAN is made on 20.

BETWEEN: [name]

of [address] in the State of [State] (hereinafter called ‘the father’)

AND: [name]

of [address] in the State of [State] (hereinafter called ‘the mother’)

INTRODUCTION

A.  This is a parenting plan under Section 63C of the Family Law Act 1975.

B.  The parties are the parents of the [child/children] [full name/names] born on [dates of birth].

C.  The parties acknowledge that this parenting plan is an informal agreement about matters concerning their [child/children] and is not enforceable by the court.

D.  It is acknowledged that this parenting plan may only be varied or revoked by a later parenting plan, not by the court unless as a last resort an application is later made for a parenting order and the court disregards the provisions of the parenting plan.

E.  It is also acknowledged that a parenting order is treated by the court as being subject to a later parenting plan.

F.  Each of the parties agree and acknowledge that they are entering into this parenting plan of their own free will.

IT IS AGREED:

(If seeking shared parental responsibility)

1.  That the parties equally share parental responsibility in relation to the [child/children] [full name/names] born on [dates of birth].

2.  That the parties are required to make all decisions about major long-term issues in relation to the [child/children] jointly.

3.  That the parties are not required to consult the other when making decisions while the [child/children] [is/are] in their care under this parenting plan about issues that are not major long-term issues.

(If seeking sole parental responsibility)

4.  That the [mother/father] have sole parental responsibility in relation to the [child/children] [full name/names] born on [dates of birth].

(Equal time in seven-night blocks – where workable for both children and parents)

5.  The [child/children] live with each party in each fortnight as follows:

5.1  with the [mother/father] from 5.00 pm on Monday in the first week until 5.00 pm on Monday in the second week;

5.2  with the [mother/father] from 5.00 pm on Monday in the second week until 5.00 pm on Monday in the following week.

(Equal time other than in seven-night blocks)

6.  The [child/children] spend time with and/or live with each party at all times as may be agreed, but failing agreement, in each fortnight as follows:

6.1  with the Father:

(a)  from the end of school on Thursday in the first week, until the start of school on Monday in the second week;

(b)  from the end of school on Tuesday in the second week until the start of school on Friday in the second week;

(c)  with the Mother at all other times.

(For the children to live mainly with your client/the other party and spend substantial time with the other party/your client)

7.  That the [child/children] live with the [father/mother].

8.  That the [father/mother] spend time with the [child/children] at all times as may be agreed, but failing agreement, as follows:

8.1  from the conclusion of school on alternate Thursdays/Fridays, until the commencement of school the following Monday;

8.2  from the conclusion of school to 8 pm on the other Thursday, to include being there for the [child's/children's] [insert name of extracurricular activity] practice, a meal afterwards and homework supervision before return home.

8.3  every Tuesday from the conclusion of school to 8 pm on the other Thursday, to include being there for the [child's/children's] [insert name of extracurricular activity] practice, a meal afterwards and homework supervision before return home.

(Having the children on alternate weekends and half the school holidays)

9.  That the [child/children] live with the [mother/father].

10.  That the [child/children] spend time with the [father/mother] at all times as may be agreed, but failing agreement, on alternate weekends from Friday after school until the commencement of school the following Monday (or until 5.00 pm the following Sunday).

11.  (Insert time sought by your client during school holidays and special days – see clauses below)

(If seeking supervision)

12.  That the [child/children] live with the [mother/father].

13.  That the [child/children] spend time with the [father/mother] as follows:

13.1  from 2.00 pm to 4.00 pm each Saturday, to be supervised by [insert name of supervisor, e.g. family counsellor or relative];

13.2  each week at the [insert name of day care centre or other appropriate venue] for such times as may be facilitated and supervised by the operators of that facility;

[OR] – If your client cannot nominate a supervisor, use this wording:

13.3  That the parties do all acts and sign such documents:

13.4  so as to register with the [insert location] Contact Centre; and

13.5  to facilitate the [child/children] spending time with the [father/mother] of not less than two hours each weekend, or for such times as may be facilitated and supervised by the operators of that Centre.

(School holidays)

14.  That the [child/children] spend time with the Father for one half of all gazetted school holiday periods, being the first half in odd numbered years and in alternate years thereafter and the second half in even numbered years and in alternate years thereafter; and that any provision for time in this parenting plan that is inconsistent with school holiday time be suspended during gazetted school holiday periods

15.  That the [child/children] spend time with the Mother for one half of all gazetted school holiday periods, being the second half in odd numbered years and in alternate years thereafter and the first half in even numbered years and in alternate years thereafter; and that any provision for time in this parenting plan that is inconsistent with school holiday time be suspended during gazetted school holiday periods.