Developing a parenting plan
The year 2021 is a time of fundamental change to how the law addresses parenting of children.
Ideas such as “custody” and “access” have been abolished.
Parents now need to discuss “parenting time”, “decision-making responsibility” and need to develop a “parenting plan”.
The only consideration is the best interest of the child. Parenting is the right of the child to have important and significant relationships with their parents.
Couples are expected to develop a parenting plan that places the needs of the children first.
Both parents have equal rights and responsibilities with respect to their children. There is no presumption that either parent is superior to the other parent.
Children have a right to have their parents in their lives.
The law is now child focused.
Typically, parents will agree either to an equal time sharing plan or one parent will be primarily responsible during the school week.
Generally, all non-school days are shared including school holidays such as Christmas, Easter, February break and the summer.
Both parents are expected to be flexible.
Contents of a parenting plan:
- the day to day living arrangements of the child – where they spend their time;
- how weekends, holidays and other special times are addressed;
- how schooling works for each child – where they go to school and the numerous decisions about school;
- what activities children will be involved with and how those will be chosen;
- how decisions will be made in the future such as school decisions, healthcare decisions, activity decisions and the like and how conflicts will get resolved.
- Financial questions such as support and paying for specified expenses.
If parents cannot agree, they can go to court and seek an order from a judge. Before they can go to court they must use alternative dispute resolution measures to resolve the conflict.
Disputes over children are extremely expensive and destructive.
Parenting agreements can range from one line to as much as 50 pages depending on the couple.
Generally, a short agreement and good faith cooperation between parents is best.
The bright star is to stay focused on what is in the best interest of the children.