If you and your partner decide to separate and have minor children, you are required by law to prepare a parenting plan.
This applies to married couples, registered partners, as well as cohabitants with joint parental authority.
Our experienced attorneys and mediators, specializing in national family law and international family law, provide expert support in complex divorces and asset distribution. We ensure that you are always well-informed, enabling you to make informed decisions and feel supported throughout the entire process.
Want to be sure of a parenting plan that fits your unique situation? Schedule a free initial consultation with one of our experienced family law attorneys. We will be happy to guide you in creating a plan that is both legally watertight and practically workable.
How can we assist you?
What is a parenting plan?
A parenting plan is a legal document in which you and your partner lay down how the care and upbringing of the children will be arranged after the divorce. During the relationship, it is natural to make joint decisions about the children. After the divorce, however, this can become more complicated, especially if communication between the two parents is difficult.
Drawing up a parenting plan forces you to think carefully, so to speak, about the well-being of the children after the divorce and the effect of your choices on the children. This allows you to avoid ambiguities, unrest and conflicts afterwards. And that – especially for the children – is a good thing.
Use cases – Case of our daily work
A well-drafted parenting plan helps avoid conflict and ensures that the best interests of your children are the focus. To give you a better idea, below are some examples from our practice:
A divorced couple made clear arrangements for alternating work hours, which helped ensure smooth care for their children even with irregular schedules.
One family who had to move because of work adjusted their parenting plan to accommodate the new travel distance to school and visitation arrangements.
Read the detailed case in which one of the divorced parents moves to the other side of the country, and the judge makes a decision regarding the implementation of the visitation arrangement. It is customary to find homes close to each other so that children can easily visit both parents. However, sometimes one of the parents wishes to live further away.
Are you considering having your parenting plan drafted or modified?
Contact us for a free initial consultation.
Our specialized family law attorneys are ready to work with you to create a plan fully tailored to your unique situation and the needs of your children.
A court-confirmed parenting plan has binding force and can be legally enforced, giving you added security. Failure to comply with this plan could have legal consequences, making diligence essential.
Is a parenting plan always mandatory?
If you have minor children, a parenting plan is mandatory and:
You are getting divorced
You terminate a registered partnership
You end cohabitation, without being married, while having joint parental authority
Even if you are not legally required to prepare a parenting plan, it is often advisable to put agreements about the children in writing.
Key issues surrounding the parenting plan
A parenting plan is required by law and establishes arrangements for care, upbringing and communication between parents after a divorce, with the best interests of the children in mind.
In the parenting plan, care and parenting tasks, school choice, child support and communication arrangements between parents and children are detailed and regulated.
The parenting plan is adjusted in the event of changing circumstances and specific situations such as relocation, drop in income, stepchildren or composite families.
Involving the children in the parenting plan
In a parenting plan, the best interests of the child always come first. Legally, you are required to involve your children in drawing up the plan in a way that is appropriate to their age, experience and development. It is essential that during these discussions children do not feel they have to choose between their parents. You can find comprehensive tips on how to have these conversations in an appropriate manner on the Judiciary website.
Submitting the parenting plan to the court
If you are going to divorce or terminate a registered partnership, you must submit the parenting plan to the court. Your attorney will attach the plan to the divorce petition or the request for dissolution of the registered partnership.
For unmarried cohabitants, it is not necessary to submit the plan to the court, but you can have it notarized for additional legal certainty.
Creating a parenting plan
When drafting a parenting plan, you can choose a main point plan or a comprehensive plan. If communication between you and your future ex-partner is difficult, it is advisable to record as many details as possible. If relations are good, a concise plan may suffice. In all cases, the plan should include some mandatory components.
For more detailed information and guidance on creating a plan that fits your specific situation, we recommend contacting a specialist in personal and family law.
Download a professionally prepared sample parenting plan here.
Modifying the parenting plan
Over time, circumstances may change or the original arrangements may no longer be appropriate. In that case, it may be necessary to modify the parenting plan. If you and your ex-partner reach an agreement, you can do so independently, as long as the new arrangements do not violate the law and the best interests of the children remain paramount.
If desired, you can consult a family law specialist to ensure that the changes are legally correct. You can also choose to have the new agreements ratified by the court, which provides additional security in case of future disputes.
If you cannot come to an agreement together, you can ask the judge to modify the plan. This process is done through your lawyer.
What to do if your ex-partner does not comply with the parenting plan?
The parenting plan must be signed by both parties, giving the agreements legal binding force. In many cases, the agreements are also ratified by the court. Should your ex-partner not comply with the agreements, you can consider legal action. For more information about this, please contact a specialized lawyer.
