PARENTING PLAN
Parenting Plan
The numbers of divorce cases are rising, more and more couples have been
approaching family court for divorce, resulting in rise of bitter child custody and
access matters.
A serious need is therefore felt for the introduction of a Parenting Plan which will help
reduce the burden of courts and counselors to a great extent and will also help in
speedy disposal of court cases. Parenting Plan shall also bring out an ease between
the couples who are undergoing separation.
During the initial stage itself a copy of parenting plan can be provided to the couples
by the court counselors making them aware and help the parents mutually draw a
suitable parenting plan agreeable and acceptable to both the parents and which
would cover aspects related to the child custody and access in the best interest and
welfare of the child.
When children know that their parents have talked about what's best for them, and
know that a plan is written down, they are likely to feel cared for and safer. Children
can predict the shape of their lives and know that parents will keep the adult issues
between adults (the allegations and arguments between the couple entering the
parenting plan would be at minimum), Children will be able to manage the stresses
and fears of the separation much better and they may not be required to visit court
for access or for hearing that often.
The courts can direct the couple to draw a parenting plan (just like consent terns)
within a period of sixty (60) days and also pass appropriate orders based on the
parenting plan.
A Parenting Plan or Custody Agreement is required by the family court when
parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts
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.
Divorce and separation are painful for everyone involved–particularly children. At
this challenging time children need support, love and contact with both parents.
Some certainty about the future is also very important for everyone. A written
parenting plan, worked out between parents, will help clarify the arrangements
needed by the parents to put in place to care for the children. It will help everyone
involved to know what is expected of them and it will be a valuable reference as time
passes and circumstances change.
1
If the standard parenting plan by the court is agreed by parties before the court
hearing, it is called "stipulated". Court can approve the stipulated parenting plan
without court hearing.
A standard parenting plan by the Court puts the best interests of the child first. It is
drawn up in good will with a shared commitment to the children and their future firmly
in mind (just like consent terms).
In developed nations 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.
A parenting plan is a written agreement between parents covering practical issues of
parental responsibility approved by the Court.
Parenting Plan will detail practical decisions about children's care in such areas as:
l Parenting Time (physical custody)
l Major Decision Making (legal custody)
l Visitation / Access
l Transportation and Exchanges
l School Holidays, Vacations and Festivals
l Child Support / Maintenance
l A Dispute Resolution Process
l Schools Attended and Access to Records
l Physical and Mental Health Care
l Contact Information, Relocation
l Activities and School functions
l Overnights and Visitation
l Communications and Mutual Decision-Making
l Mediation
l Medical Insurance
l Contact with Relatives and Significant Others
Parents normally can make variations to the court standard parenting plan or
develop a different custom plan if the judge approves the changes.
2
Parents later can modify the existing parenting plan by filing a new request with a
court when circumstances have changed.
A parenting plan can take any form, however it must be made free from any threat,
duress or coercion. It must be in writing and signed and dated by both parents.
If both parents agree on arrangements, Parents can submit parenting plan (just like
consent terms) to the Family Court and Court can pass an appropriate order based
on the parenting plan, giving it the same legal effect as an order made after a Court
hearing. Parenting Plan approved by Court would be one form of consent order
issued by the Court.
If parents cannot agree on arrangements for children they may need to have the
Family Court decide and issue a Parenting Order.
In deciding parenting arrangements the Court must always consider:
l The best interests of the child
l The extent to which both parents have complied with their obligations in
relation to the child, which may include those set out in a standard parenting
plan (As follow).
