Case study - Making a parenting plan

A case study of how to make a parenting plan for your child.

Summary of situation

Esperance and Jules Bauma have decided to end their relationship after 15 years together. They have three children Joseph (9), Bonheur (7), and Ebenezer (5). They have an amicable relationship and are working hard to put the needs of their children first.

Since separation, the children have lived with Esperance and spent time with Jules every Tuesday night and every second weekend. This is a verbal agreement that they have been following for five months, without any issues. Jules works in a factory as a shift worker four days per week (Monday, Wednesday, Thursday and Friday) and can’t care for the children on these days. Esperance works part-time as a receptionist, from 9am to 2pm Monday to Thursday. Because of her work hours, Esperance can take the children to and from school, and to their after school activities.

The children play two sports, soccer and football. They attend training during the week and games on the weekend. Esperance takes the children to training after school and both Esperance and Jules watch the children’s games on the weekend.

Recently, Jules has started looking to change jobs, so that he can work regular hours and spend more time with the children. He has been asked several times if he would coach Josephs soccer team. Soccer is a sport that he is very passionate about, and this is something he would really like to do.

Esperance is also hoping to change jobs in the near future. She has been studying nursing part-time and will complete her course at the end of this year. If Esperance takes a job as a nurse, her work hours will change. She will need Jules’ help to care for the children before and after school on the days she is working.

Last week, Ebenezer was diagnosed with asthma. Both Esperance and Jules have been attending his medical appointments.

Esperance and Jules have discussed putting their parenting agreement in writing.

Best type of agreement

Esperance and Jules want a written agreement as proof of what they have agreed to. Because of how young their children are, they want to make an agreement that they can change as their children grow older and their needs change. They also want the flexibility to change their agreement if they change jobs. They didn’t have any problems negotiating the current parenting agreements, and don’t think they will have any problems in the future. They are both happy with their current parenting arrangements and don’t want to change their agreement right now.

Under their circumstances, a parenting plan is the best type of agreement for Esperance and Jules. A parenting plan must be in writing to be valid. It is the quickest and cheapest type of written agreement that they can make. They can revisit their parenting plan at any time, as many times as they like, which they may have to do if they change jobs at different times. While a parenting plan isn’t legally enforceable, nobody has broken the current agreement, so they are not concerned about having to enforce their agreement. It is also not necessary to make an agreement that is legally enforceable - that is, to apply for court orders. Applying for court orders is a more lengthy and expensive process than making a parenting plan. And court orders can be more difficult to change.

The parenting plan

In their plan, Esperance and Jules could include the following or similar terms:

The children will live with Esperance.
The children will spend time with Jules:
1. During school term, every Tuesday from after school (or 3pm) until 7pm;
2. During school term, every second weekend from 9am Saturday until 7pm Sunday;
3. The first half of all mid-year school holidays from 9am on the first Saturday of the holidays until 9am the following Saturday;
4. For two weeks during the end of year school holidays from 9am on 10 January until 9am on 23 January.
Changeover will occur:
1. During school term, at the children’s school or sporting matches;
2. During school holidays at McDonalds, North Parramatta.
When the children are in their care, both parties will facilitate the children to call the other party between 7pm and 7:30pm.
Despite other clauses, the children will spend time with:
1. Esperance on Mother’s Day, from after school (or 3pm) on the Friday immediately before Mother’s day until the commencement of school (or 9am) the following Monday;
2. Jules on Father’s Day, from after school (or 3pm) on the Friday immediately before Father’s day until the commencement of school (or 9am) the following Monday;
3. Esperance at Easter, from after school (or 3pm) on the Thursday immediately before Good Friday until 6pm on Easter Saturday;
4. Jules at Easter, from 6pm on Easter Saturday until the commencement of school (or 9am) on the following Tuesday.
Both parties will notify the other as soon as possible if a child suffers a medical emergency, illness or injury while the child is in their care.
Where the parties agree to change this agreement, they will record the changes in writing by making a new parenting plan.

This is an example of a very simple parenting agreement.

There are other issues that Esperance and Jules could also address in their parenting plan, including:

schooling
travel and passports
extra-curricular activities
other special occasions
sharing personal information, such as phone numbers and addresses
resolving parenting disputes
restraints, for example, against using physical discipline, and denigrating the other party in front of the children.

It is up to them how simple or detailed their parenting plan is. The simpler their plan is, the more flexible it is. Given that they have an amicable relationship, and have no problems agreeing on parenting matters, a simple parenting plan may work for them.

On the contrary, the more detailed a parenting plan is, the less flexible it is. More detail is often necessary if parties have trouble agreeing on parenting arrangements, or one person is prone to break their parenting agreement.

For an example of a more detailed parenting plan, see: