Parenting Plans: What They Are and Why Litigants in Person Should Know About Them

If you are separating and have children, you will probably hear the phrase "parenting plan" early on. It is a practical document, and it can make day-to-day life much easier. It can also be misunderstood, so it helps to know what it is, what it is not, and how it fits into a court process.

What a parenting plan is

A parenting plan is a written agreement between parents, and sometimes grandparents or other family members, that sets out how the children will be cared for after separation. It covers the practical side of parenting: where the children live and when they spend time with each parent, school routines, healthcare, holidays and special days, how the parents will communicate, and how decisions about clubs, trips and medical appointments will be made.

The aim is to give children stable, predictable routines and to reduce the number of ordinary disagreements parents have to resolve. A plan made before tensions rise is often easier to agree and keep to than one written after a dispute.

The Cafcass tool

The Children and Family Court Advisory and Support Service (Cafcass) has produced a free parenting plan tool, now called "Our Child's Plan." It can be completed online, and Cafcass publishes guidance to help you use it. The tool asks parents to focus on what their children need, and it encourages plans that are simple and specific. The government's guide for separated parents, "Guide for separated parents: children and the family courts (CB7)," also points to the Cafcass plan as a way to agree arrangements without going to court.

Is a parenting plan legally binding?

On its own, no. A parenting plan is not automatically a court order. It is a record of what parents have agreed, and it shows the intentions behind those agreements. If the parents cannot agree, a plan can still be useful in court because it shows what has been discussed and agreed so far.

If you want the arrangements to be enforceable, you can ask the court to make the agreed terms into a consent order. The court will only approve it if the arrangements are safe, workable and in the child's best interests, and it may decline to make an order where the parents already agree and no order is needed.

If you are applying to court

If you apply for a Child Arrangements Order using form C100, the application asks you to attach any previous parenting plans that were agreed and to explain briefly why they broke down. Be prepared to answer that question honestly and concisely. A plan that was agreed and later abandoned is not a failure in itself, but the court will want to understand what happened.

Practical tips

Start by listing what your children have told you they need and want. Keep the language clear, and avoid vague phrases such as "reasonable time" or "as agreed," because they often cause fresh disagreements. Write the plan so that someone unfamiliar with your family could follow it. Build in review points, such as at the end of each school year, so the plan can change as your children grow.

Where to find support

Independent McKenzie Friends can help you understand your options, prepare documents and attend hearings with you. You can find them through Bridge The Gap, a free UK directory of independent McKenzie Friends at familycourtbridge.org. Mediation is another route if you want help reaching agreement without going to court.

This article is general information only and is not legal advice. McKenzie Friends have limited rights to act in court, so check the position for your own case with a suitable adviser.