Parenting plan
Encyclopedia
A Parenting Plan or Custody Agreement is required by the district court
along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children. Without specific agreements around these responsibilities disputes can arise and litigation may be needed to resolve these issues. When parents do not comply with this law the court is then forced to make decisions about the children's lives and come up with a Parenting Plan of their own. Parents can consider including binding arbitration where an arbitrator will make the same decisions that a judge would to avoid the courts in the future.
A Parenting Plan will addresses topics such as:
Some of these topics are regulated by state law such as child support
and health insurance
.
If the parenting plan agreed by parties before the court hearing, it is called "stipulated". Judge can approve the stipulated parenting plan without of any court hearing. Judges are normally encourage parties to reach the agreement, rather than go to hearing. By statistic, most family law cases (90–95%) settle before the judge rules on them.
issues, health problems etc.
The standard short-distance visitation plan by the family court
in most U.S. states consists of alternating weekends and some holidays, there are also medium and long-distance parental plans that allow to combine these visits into a longer stretches of time to reduce traveling. Parents normally can make variations to the state standard parenting plan or develop a different custom plan if the judge approves the changes.
However, the child, at or around the age of 13, depending on the state, may have a right to testify in court about custody and parenting plan arrangements that normally has a big impact on court decision.
Parenting plans can also include various restrictions and general notes about parents contact with child, like regulation of safety issues, medical care, sports attendance, and many more. Sometime parenting plan has a restriction on parents relocation or waiver from state rules allowing parents to relocate without the request to court.
and Wales
the Children and Family Court Advisory and Support Service
, a non-departmental public body
, produces a booklet Parenting Plans Putting your children first: a guide for separating parents.
are a written agreement between two parents and are made without the assistance or endorsement of a court, but can be made with the assistance of a mediator. They are non-binding and not legally enforcable and so cannot be contravened. A parenting plan can be written in such a way that it can submitted to a court for endorsement, but once endorsed it becomes a consent order. There is no such thing as a "standard" parenting plan as each one is unique, but there are example parenting plans available.
Although a parenting plan isn't legally enforcable, if legal action is initiated after a parenting plan has been agreed the court will give careful consideration and considerable weight to the agreed plan as it shows the intent of each parent at the time of signing.
Parenting plans can include as many or as few considerations about the child(ren) as both parents agree to, however child support payments are not generally included as payable child support is calculated by the Australian Government Child Support Agency (CSA).
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children. Without specific agreements around these responsibilities disputes can arise and litigation may be needed to resolve these issues. When parents do not comply with this law the court is then forced to make decisions about the children's lives and come up with a Parenting Plan of their own. Parents can consider including binding arbitration where an arbitrator will make the same decisions that a judge would to avoid the courts in the future.
A Parenting Plan will addresses topics such as:
- Parenting Time (physical custody)
- Decision Making (legal custody)
- Transportation and Exchanges
- Annual Vacations and School Breaks
- Child Support
- A Dispute Resolution Process
- Schools Attended and Access to Records
- Physical and Mental Health Care
- Contact Information, Relocation and Foreign Travel
- Social Activities and School functions
- Overnights and Visitation
- Communications and Mutual Decision-Making
- Mediation and Arbitration
- Medical Insurance and Related Expenses
- Contact with Relatives and Significant Others
- Taxes and Wills
Some of these topics are regulated by state law such as child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
and health insurance
Health insurance
Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is...
.
If the parenting plan agreed by parties before the court hearing, it is called "stipulated". Judge can approve the stipulated parenting plan without of any court hearing. Judges are normally encourage parties to reach the agreement, rather than go to hearing. By statistic, most family law cases (90–95%) settle before the judge rules on them.
United States
In most of the states there is a law required that court-ordered parenting plans must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have. If the minimum time requirement is missing from the court order, that can lead to potential appeal of the order in a higher court. The first parenting plan usually is a part of divorce order, if children are involved. Parents later can modify the existing parenting plan by filing a new request with a court when circumstances have changed like parent relocation, child abuseChild abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
issues, health problems etc.
The standard short-distance visitation plan by the family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
in most U.S. states consists of alternating weekends and some holidays, there are also medium and long-distance parental plans that allow to combine these visits into a longer stretches of time to reduce traveling. Parents normally can make variations to the state standard parenting plan or develop a different custom plan if the judge approves the changes.
However, the child, at or around the age of 13, depending on the state, may have a right to testify in court about custody and parenting plan arrangements that normally has a big impact on court decision.
Parenting plans can also include various restrictions and general notes about parents contact with child, like regulation of safety issues, medical care, sports attendance, and many more. Sometime parenting plan has a restriction on parents relocation or waiver from state rules allowing parents to relocate without the request to court.
Great Britain
In EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
the Children and Family Court Advisory and Support Service
Children and Family Court Advisory and Support Service
The Children and Family Court Advisory and Support Service is a non-departmental public body for England and Wales set up to safeguard and promote the welfare of children involved in family court proceedings...
, a non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
, produces a booklet Parenting Plans Putting your children first: a guide for separating parents.
Australia
Parenting Plans in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
are a written agreement between two parents and are made without the assistance or endorsement of a court, but can be made with the assistance of a mediator. They are non-binding and not legally enforcable and so cannot be contravened. A parenting plan can be written in such a way that it can submitted to a court for endorsement, but once endorsed it becomes a consent order. There is no such thing as a "standard" parenting plan as each one is unique, but there are example parenting plans available.
Although a parenting plan isn't legally enforcable, if legal action is initiated after a parenting plan has been agreed the court will give careful consideration and considerable weight to the agreed plan as it shows the intent of each parent at the time of signing.
Parenting plans can include as many or as few considerations about the child(ren) as both parents agree to, however child support payments are not generally included as payable child support is calculated by the Australian Government Child Support Agency (CSA).