Parenting Plans

What is a Parenting Plan and do I need one?

Separation and divorce are a difficult experience for the whole family and it is crucial  for parents to prioritise any children involved.  For most families, parents will want to ensure that despite the big family changes you are all experiencing, your children continue to know they are loved and that they can spend consistent quality time with both their parents and extended families. 

The best way to achieve stability for the children is to agree a Parenting Plan with the other parent.  Whilst the end of a relationship is traumatic and it is likely both parents are feeling hurt, it is still your responsibility as parents to make arrangements for your children.  It is you, the parents who know your children best and it is crucial to try and set aside disputes about who is to blame for the end of the relationship, financial difficulties and worries about the future and focus on ensuring your children enjoy a quality relationship with you both.  

As parents your lives will be forever intertwined through your children.  You can end your relationship but you will still need to raise your children together and particularly when your children are young, you will need to find an effective way to communicate and to effectively co-parent to enable you provide them with the stability and nurture they need to grow and thrive.  Even as your children get older, your lives will remain interconnected with graduations, weddings and possibly grandchildren to enjoy alongside one another one day.  

What is a Parenting Plan?

A Parenting Plan is a written agreement worked out between parents after they separate and it covers the practical issues of co-parenting, providing a framework for discussions and an opportunity to detail the arrangements which suit your own individual children’s needs. 

Is a Parenting Plan legally binding?

A Parenting Plan is not legally binding, it is however possible to make it into a legal document by asking a solicitor to formalise it into a “consent order”.  

Whilst a Parenting Plan does not carry the same status as a court order relating to the children, in the event that at a later stage there was a disagreement which resulted in an application to the court, an agreed parenting plan would be taken into consideration.

How do I make a Parenting Plan?

How you agree a parenting plan will depend on your personal situation.  If you are able to meet face to face to sit down together and chat through the practical arrangements that is great, however that is simply not possible for everyone.  For some people it would be inappropriate to meet up in person, particularly in cases where there has been domestic abuse, or where one individual may feel intimidated by the other. Or, as is often the case, emotions can be too raw at the beginning of the separation process for you to have a constructive conversation about day to day issues.    Involving a professional in the process such as a mediator can be really helpful.  They will be able to facilitate conversations, keeping you focused on the main issues and ensure you both are heard and they can  help you find a way forward.

What should I put in the Parenting Plan?

Each parenting plan should be unique to the family it relates to.  All families are different and as parents you know what your children need best.  I recommend that you use a template as a starting point and edit it to suit your individual needs. I strongly recommend you visit the Cafcass website for further information and a parenting  plan template.

https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/parenting-together/parenting-plan/

When starting to consider your parenting plan, bear in mind that the separation process is not straightforward or quick, it is likely to take many months to disentangle your relationship, to resolve all the financial matters and for both parents to sort out their own long-term living arrangements.  Take the plans for your children one step at a time, focussing first on the immediate short term arrangements, then looking at the medium term and longer term once your family finances and longer term arrangements are in place.  Your plan can and should change as your family adjusts and you find the best way to coparent.

When preparing your parenting plan you need to consider the following

1. Living and Childcare Arrangements

One of the big decisions you will need to make will be whether there will be a main place that the children live and how much time they will spend with each parent.  An agreement is also needed as to how you should share time with the children during the school holidays and for special occasions. Term-time and holiday time may look very different.   Get hold of the school calendar and consult it, it can often come as a shock to a parent who is not so involved in the day to day care as to how much time the children do not spend in school and thought needs to be given as to how this will be shared.  Often special occasions can be a source of conflict, if you find this a sticking point a simple way to deal with them is to alternate them eg. you have your children for Christmas Day this year, next year they will be with the other parent.   

You should also give some thought about the practical arrangements of pickups and dropoffs and how the children’s clothes and belongings will be exchanged. Will separate clothes be kept at each home or will items travel back and forth? Who will wash the school uniforms?  These relatively minor issues can be a source of real difficulty later as one parent grows frustrated with the other.  An early agreement about what is expected can save difficulties later on.  

Your arrangements also need to take into account the children’s usual activities and social lives.  Check that the arrangements enable the children to continue to see their extended family as maintaining those relationships is important and they can be a source of continuity and comfort to the children during the disruption of their parents’ separation.  Don’t be afraid to ask friends and family to help with the arrangements, a grandparent doing a pickup or dropoff for an initial period on behalf of a parent may avoid the potential for parental conflict when emotions are running high during those early days.

2. Money and the Children

Once you have agreed where the children are going to be spending their time on a day to day basis you need to consider how you will both support the children financially. How can you share day to day costs for clothes, school trips, music lessons etc? If financial issues are being resolved as part of the divorce process this can be a tricky issue to address in the early days.  Whilst the long-term financial position is unclear, I suggest you focus on making short term arrangements at this stage putting the conflict about the long-term arrangements to one side and prioritising the children’s immediate needs. 

You should build in annual reviews as your financial positions and children needs change.   You may wish to consult the Child Maintenance Service website to explore how they would calculate child maintenance if an agreement can’t be reached between parents.

https://www.gov.uk/child-maintenance-service

3. Your Children’s Education

You will need to notify the children’s school about the changes at home.  It is important you update contact details on their records to ensure you both receive communications and updates from the school and the school also know who the first contact is in an emergency.  You will also need to review the contact details held by your GP, dentist etc.  

Take a pause and consider whether there any big decisions required shortly in relation to education as you don’t want to forget closing dates for any school applications etc. With all the disruption you are currently experiencing it is easy to overlook sending in an application. Even if a school choice is a few years away, if you are in agreement now  it may be worth recording the intention in your parenting plan and who will be responsible for the application to avoid confusion and potential conflict later. 

It is really worth considering  putting in place  some therapy or counselling for your children.  The breakdown of their parents’ relationship is a big change for children and putting extra support in place for them can be really beneficial in the longterm. If your children are upset and distressed this will add significant more stress to your separation.  If possible, try and take this further and consider individual therapy for both parents and  family therapy.  I appreciate that the expense for counsellors and therapists comes at a time when family finances are likely to be stretched, however, it will benefit you all if your family finds a way to get through the separation process in as positive way as possible and able to communicate effectively about your feelings and wishes going forward.  

4. Communication

Particularly in the early days of separation, it is sensible to set out ground rules about communication. Emotions are raw and discussions about child arrangements can quickly turn into arguments about finances and the separation which are best avoided.

With the exception of emergency situations, at least to begin with, contact should be strictly limited to what is necessary and take place via email where possible.  Keep communication about the children to just that topic, don’t allow yourself to stray in to finances, your relationship etc, deal with that separately.  You need to put clear boundaries in place so that you can communicate about the children effectively and with time this will become easier. My preference for email is that I find people tend to think more carefully when writing an email than when firing off What’s App and text messages.

Define what constitutes an emergency and ensure you answer your phone when the other parent calls with an emergency.  Some discussion on this topic helps set expectations, do you expect a call if the child has a fever, a doctors appointment?  Understanding what the other parent anticipates wants to be informed about will prevent difficulties and misunderstandings later. 

You will need to find an effective way to communicate routinely about the children.  Thankfully there are an array of products to assist such as handover books and apps.  These are really worth investing in, particularly in the early days until things settle into a routine and you find your own way forward.

5. Other issues

There will be an array of matters to consider which will be unique to your family which I have not mentioned here such as religious education , medical decisions, boundaries in relation to bed time and school work etc.  I have linked to the Cafcass template above which should help identify things that might crop up but ultimately it is you and the other parent who know what is most important for your children and where decisions and boundaries need to be recorded.  

Running through potential future issues at an early stage before they have arisen can help you discuss matters more objectively.  If you have a professional involved all the better, take advantage of their input and deal with future difficulties early.  One major future issue will be new partners and how and when they will be introduced to children.  It will be easier to discuss this whilst it is  still a hypothetical scenario rather than later when it becomes a reality and a likely emotive topic. 

6. Reviews

Your parenting plan will need to be reviewed regularly as your children and their needs will change with time.  Timetabling a regular review is helpful such as once a year (around the time school calendar comes out is helpful as you can plan the future arrangements around school holidays etc.). In addition to setting out the holiday arrangements for the year, it will give you a chance to discuss any big decisions in relation to the children that are coming up and discuss what is working well or what could improve. If you find meetings or discussions difficult you can continue to make use of a mediator to facilitate this. 

Agreeing a Parenting Plan may initially appear overwhelming but my experience is that setting out clear arrangements for the children early on will benefit the whole family and minimise scope for conflict going forward.  The use of a professional mediator will really be of benefit to help your discussions.  If an agreement can’t be reached and legal proceedings are necessary to obtain a child arrangement order, this will be far more costly, stressful and slow than the initial investment in a mediator. 

Let me know if this has been helpful, DM me and I will do my best to answer any other family law questions you have.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you. 

Apply for a Child Arrangement Order without a lawyer – in England and Wales

This is a really tricky topic to briefly cover in a post like this as cases vary so much and the issues are often complex. It has however also been the issue most followers have asked me to cover so I’ll do my best.  I’ve put links to helpful resources at the bottom which you should check out if you want to pursue this further.

Whilst ideally everyone would be legally represented when applying for an order in relation to their children, many are unable to afford legal representation and are not eligible for legal aid. 

Legal aid is still available in family cases  in very limited circumstances you can find out more here:

https://www.gov.uk/legal-aid

If you aren’t eligible for legal aid and worried about legal fees you may want to explore less traditional legal representation. Some solicitors offer “pay as you go” schemes, they don’t go on the court record as formally representing you but you can have one off meetings where the can advise you and they can assist you prepare key documents. 

You can also obtain legal representation for just the hearings, doing the preparation work yourself. Some solicitors provide this service and barristers do this via “direct access”.

The court does not require you to have a lawyer, you can make an application on your own and the family court is used to this as more and more people are appearing unrepresented. 

The process can be daunting and you need to be prepared to put in the work to prepare your case.  Reading up on relevant law and procedure will help you prepare a coherent case.  You also need to be able to look at matters objectively, this can be the most difficult aspect as it is inevitably such an emotional matter and the support of a sensible and honest friend or family member can be invaluable to help you take a step back and review things.

Mediaton (MIAM)

Before you can make an application both parties are required to have attempted mediation in order to resolve the issue.  There are limited exemptions to this requirement such as cases where there is domestic abuse. Many parents feel that mediation is just a hoop to jump through however I  disagree, it is a really important first step.  If you are able to resolve your dispute through mediation and avoid going to court you will save your child, yourself and family a lot of stress and time.  Court proceedings are slow, difficult and highly emotional for all involved.  It is always worth attempting mediation where possible.  Even if it is not successful, it may assist in narrowing the issues in dispute or assist in reaching a short-term agreement until the court makes an order.  Even if the other party says they will not attend, unless an exemption applies you still need to make the effort alone to engage with mediation as the court will require evidence that it has been attempted by way of a signed form from the mediator. 

There is more information about mediation and how to find a mediator here: 

https://www.familymediationcouncil.org.uk/family-mediation/

If mediation is unsuccessful or you are exempt it is at this stage you  can make an application to the court for an order. 

Application to the Court 

What orders are available from the court?

1.Child Arrangements Order: This can be a live with and/or spend time with order. (These used to be referred to as residence and contact orders.

2. Specific Issue Order.

3. Prohibited Steps Order.

If you disagree with the other parent about where your child lives and/or how much time they spend with each parent you may wish to apply for a child arrangements order.  If you cannot agree on a specific issue such as education or medical treatment you may seek to apply for a specific issue order.  If you want to prevent the other parent from doing something such as removing the child from the jurisdiction you may seek to apply for a prohibited steps order.

How to make an application to the Court.

An application is made on Form C100 and an additional Form C1A can be completed if there is a risk of harm. If you want to keep your address and telephone number private from the other party you can submit an additional form C8.

https://helpwithchildarrangements.service.justice.gov.uk/going-to-court

https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

You can apply online or via a paper application (if you apply online the risk of harm application and confidential contact details will automatically be incorporated into the application if relevant.)

My personal preference is the online application, you can come back to it later so can complete it over a few days.  It is harder to go wrong and miss key information that is required so it is less likely you will make an error that will result in your application being returned. In addition the applications are processed more quickly than the paper versions. If you application is very urgent (requires a hearing within the next 3 days) call your nearest family court and find out how they would like you to get your application to them.  Try and get a specific contact there who you can speak to to ensure the application has been received and processed as urgent. Local procedures vary so it’s worth checking with your local court their own procedures from very urgent matters.

Completing the application 

Before you start the application make sure you have key details ready as it can be frustrating and off-putting looking for details as you go along. You need basic information about all involved in the case, yourself and the other party or parties (this is usually the other parent or anyone with parental responsibility) including their date of birth, place of birth, address (for the last 5 years), email and contact number. You will need the child’s full name, date of birth and details of any social services involvement or any other linked proceedings.  If any of the information is unavailable to you, don’t panic, just complete the form as best you can.  Contact details are needed so that the court and other professionals can get in touch with all involved about the case so do your best to make sure accurate up to date information is included.

It is really helpful to prepare a chronology and history document for yourself to refer to as the proceedings progress.  This is not something you would share with anyone else, rather  it is your working document where you can keep track of key dates and information in one place and refer to it and update it as you go along.  It will also be useful if you later have to prepare a statement.

There isn’t much room on the form to set out the entire background to the case, the application is not meant to be a full statement or history of the case, rather a summary to identify key issues.  It can be tricky to be concise about what has happened and what you seek and it may take you a few attempts to prepare something which you will feel is appropriate.  Ultimately any decision the court makes in the case will be based on what is in the child’s best interest (what they think is best for the child).  Summarise the dispute briefly and any key dates or events. 

There is a court fee payable of £232, this is a one-off fee to lodge the application and issue the proceedings. You don’t have to pay for court time etc as the case progresses no matter how long the proceedings take.  You may have to pay a further fee if a further application is required within your proceedings for something that doesn’t fall within your initial application, if this happens the court will let you know.

There is help available to pay the fee for those on low income, find out more here:

https://www.gov.uk/get-help-with-court-fees

What happens next?

If your application is time sensitive or urgent, I strongly recommend you follow it up with a call to the family court to ensure it is swiftly processed.  The courts are overloaded and applications can get lost in the system to it is worth confirming timescales etc for your own peace of mind.

Once the application has been processed you will receive some formal documents from the court, this will include  a sealed (formally marked) copy of your application,  the hearing date and any directions (instructions) from the court about what must be done next and when.  Read them carefully, they are legal documents and missing a key date can cause significant problems. This is when you really need to get organised, get a diary for the key dates, a folder for the important documents.   Make a note of the key dates and your case number as you will likely need to refer to these frequently.

The other party will also receive a copy of the documents, if you haven’t told them about your application they will find out when the paperwork arrives from the court. 

Cafcass

Prior to the first hearing you and the other party will be contacted by someone from the Children and Family Court Advisory Service (Cafcass).  They will carry out safeguarding checks (checks with the police and social services) to see if there are any known safety or welfare issues.  They will usually speak to you and the other party over the telephone to find out about your application and to identify any welfare concerns.  Shortly before the hearing they will “file” that is send the court and the parties a safeguarding letter which is a short report on their enquiries and the outcome of the safeguarding checks and any initial recommendations to the court. 

First Hearing – FHDRA (First Hearing Dispute Resolution Appointment)

If no safeguarding or welfare concerns have been identified by Cafcass, efforts will be made at the first hearing to encourage you and the other parent to reach an agreement. If an agreement can be reached at court this can bring an end to the proceedings and the agreement can be recorded in a legal document called a consent order.

If an agreement cannot be reached or if there are welfare or safety concerns the court may:

  • Order the parties to take part in a Separated Parents Information Programme (SPIP)
  • Refer the parties to a mediation assessment or ask Cafcass to help the parties reach an agreement
  • Order a finding of fact hearing if disputed allegations have been made that might affect the outcome of the court process such as allegations of domestic abuse
  • Where there are concerns about domestic abuse, or domestic abuse is found by the court to have taken place, the court can order a party to take part in a domestic abuse perpetrator programme
  • Ask Cafcass to carry out more detailed work with your family and to write a report about the child’s welfare known as a section 7 report.

Helpful resources:

If you intend on issuing proceedings without legal advice, please do some homework first so that you can prepare your case properly.  I’ve put together a list or resources below which you may find helpful:

  1. Government website which sets out details of children applications, fees, how to complete the form etc. You can complete your application online here

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

2. Cafcass – Divorce and separation for parents

https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/

3. Child law advice – contains a wealth of information about proceedings and what to expect and do at each stage. 

http://childlawadvice.org.uk

4. Resolution 

http://resolution.org.uk

5. Government legal aid website

https://www.gov.uk/legal-aid

6. Family mediation council

https://www.familymediationcouncil.org.uk/family-mediation/

7. Family Procedure Rules

https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu

8. The Children Act 1989

https://www.legislation.gov.uk/ukpga/1989/41/contents

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.