Parenting Plans and Agreements

To ensure parenting continues to run smoothly after separation, it is a good idea for parents to agree on a Parenting Plan. This is an outline of how a child will be cared for, and should include information such as where the child will live, the contact they will have with each parent, and how each parent will contribute to the raising of the child. The Ministry of Justice has a pamphlet on their website which outlines the process and suggests some useful things to include in a Parenting Plan. Once completed, it should be signed by both parties.

There is no requirement to formalise the plan using lawyers, although a family lawyer will be experienced in preparing these agreements and can advise you on what to include. We have a lot of experience in this area and can help draft an agreement that will ensure parenting runs as smoothly as possible for everyone concerned. Another option is to ask the Family Court to help by providing free counselling for the parents, to help them reach agreement.

When a plan is formalised through the use of lawyers, it is often called a Parenting Agreement. A Parenting Agreement cannot be enforced in the Court in the same way that a Court order or commercial contract can.

If you are unable to agree on a Parenting Plan then one or more parties can apply to the Family Court for a Parenting Order which is enforceable in Court. You can also apply to the Family Court to make your Parenting Agreement into a Parenting Order.