Separating from a partner when children are involved is one of life’s most difficult challenges. While you are navigating emotional upheaval following the breakdown of your relationship, you also need to make clear and practical decisions about your children and their future. One tool that can make this process smoother is a parenting plan.
A parenting plan is a voluntary written agreement between parents (or anyone with parental responsibility for the child) that sets out the practical arrangements for children after a relationship breakdown.
‘You can think of it as a shared roadmap for co-parenting,’ says Akash Soni – owner, solicitor and mediator at Breakthrough Solicitors. ‘It is a way for you and the other parent to focus on your children’s best interests and agree on important details, while reducing the risk of conflicts arising in the future.’
The plan can include the big decisions, such as with which parent your children will live, down to smaller things such as chosen diet and nutritional needs or who attends parents’ evenings.
Do I need a parenting plan?
You are not legally obliged to have or create a parenting plan when you separate from the other parent. If you are able to discuss amicably what needs to happen for your children and simply put that into practice, it would be an ideal situation.
However, there is power behind having a written agreement. You will find that having a plan is always recommended by family law professionals and the courts. There are many reasons why it is a good idea to have a written plan, such as:
- it can provide clarity and consistency for both parents, which in turn reduces the need for communications when emotions are running high;
- it ensures your children have a clear structure and routine to settle into, which will help them to find stability in their new arrangements;
- it can reduce future conflicts arising due to uncertainty over arrangements, such as special occasions or holidays. If the plan has already set out where the children will be, the timings and handover, the opportunity for conflict is narrowed;
- it helps both parents focus on the needs of the children and ensuring these will be met; and
- if you did have to seek the help of the courts to settle arrangements, it would show good intention on both sides at having tried to come to agreement, and also willingness and good faith to do so.
What if there is no dispute?
You may be in a situation where there is no dispute between you and the other parent over the arrangements for your children. Even in such circumstances, it is a good idea to set everything out in a parenting plan, to avoid future quarrels.
During the process of preparing the plan, it may become evident that you had not thought of something, which then requires discussion and agreement.
What if there is a dispute?
Should you find that there is disagreement about key aspects of your children’s care, such as where they will go to school, or how much time they will spend with one parent, it is crucial to try and agree a parenting plan.
You can use certain forms of dispute resolution, such as the mediation process, to help iron out any difficult territory that you and the other parent may be stuck on.
If the dispute cannot be resolved between you, and dispute resolution attempts have not worked, you do have the option of making an application to the family court for a child arrangements order.
When might a court request a parenting plan?
Although parenting plans are voluntary, the family court may refer to them in several circumstances. If you make an application for a child arrangements order, the court will encourage you to agree a parenting plan with the other parent, either before or during the proceedings.
Where there has been a first hearing in your application, a judge might direct both parents to come up with a parenting plan, especially if they feel this is reasonably possible, and would be better than continuing a stressful court case.
In some cases, a judge may incorporate some or all of your existing parenting plan into an order, which you have agreed to. It is important to remember that a court order does then make the arrangements in the plan legally binding against you both
Is a parenting plan legally binding?
Unless incorporated within a court order, a parenting plan is not legally binding against you or the other parent.
However, if you do go to family court over the arrangements, a judge will want to see your parenting plan. If the judge thinks that parts of your parenting plan are fair and reasonable, they can incorporate it into a court order which then becomes legally binding.
If you do not wish to have such a legally binding document, then it is better to agree everything with the other parent and come up with a parenting plan that does not require any court involvement.
How we can help
Parenting plans offer a constructive, child-focused means of agreeing child arrangements without the courts, and most importantly without conflict.
If your relationship has recently broken down, or you are already trying to agree a parenting plan with the other parent, our specialist family law solicitors can help you to draft a plan which covers every detail involved when it comes to co-parenting.
For further information, please contact our the family law team on 01494 776696 or email [email protected].
Breakthrough Solicitors has offices in Harrow, Milton Keynes & London.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
