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When parents separate or divorce in England and Wales, they must prioritise their children’s welfare. It is also important that both parties agree on their children's upbringing. That is why parents often resort to putting a parenting plan in place. It provides a practical framework along which parents can agree on how to care for their children.

The family law team at Eatons Solicitors explains the implications of a parenting plan, what it includes, whether it is legally binding and how a solicitor can help.

What are the implications?

A parenting plan is a written agreement between divorced or separated parents. It sets out how they will share the care of their child. It focuses on day-to-day arrangements and long-term decisions, always with the child’s best interests at heart. However, it is important to note that it isn't the same as a court order. It aims to set out clear expectations for each parent.

Understanding what a parenting plan is helps parents appreciate its value as a practical and child-focused tool. During the 2024/2025 financial year, CAFCASS worked with 137,000 children, many of whom had parents who created a parenting plan.

What Does it Include?

The plan establishes where the child lives, how often they spend time with the other parent, but also helps organise weekday routines, weekends, school holidays, and arrangements for special occasions such as birthdays and Christmas.

Many parenting plans address how parents communicate regarding changes to arrangements or important updates. The plan also covers schooling, medical care, religious upbringing, and extracurricular activities. Clearly setting out these details helps avoid misunderstandings and provides consistency in the children's upbringing.

Why is it Important?

Following a family separation, preserving the children's routine, and creating a stable environment must become a priority. A parenting plan provides such an environment by establishing predictable arrangements and reducing uncertainty. It helps ease anxiety as the children will know when they see each parent, therefore, helping them adjust more comfortably.

A parenting plan reduces the likelihood of disagreements and encourages cooperation. Therefore, it allows the children to benefit from a meaningful relationship with both parents. Moreover, focusing on practical arrangements rather than past conflicts allows the parents to develop healthy co-parenting habits.

Is it Legally Binding?

A parenting plan is not legally binding on its own. However, if court involvement becomes necessary, it becomes a foundation of the Child Arrangements Order. This is because courts look favourably on parents who make a genuine effort to agree arrangements themselves. Organisations such as Cafcass also encourage the use of parenting plans to promote cooperative parenting.

Is Legal Advice Necessary?

It is not necessary to receive legal advice when putting together a parenting plan. Therefore, both parties can agree arrangements without involving solicitors or the courts. That is why many parents choose to create a parenting plan either independently or with the support of family mediation.

Legal advice is only necessary in more complex situations. For example, if communication breaks down or if safeguarding concerns arise. Or if one parent wants the plan to reflect their legal rights and responsibilities.

Under those circumstances, a solicitor reviews the parenting plan and explains how it aligns with family law. They will also advise on whether to formalise the parenting plan into a Child Arrangements Order or if they require greater legal certainty.

What are the Key Takeaways?

Understanding what a parenting plan is can make a significant difference for families navigating separation in England and Wales. It puts the children at the front and centre, reduces conflict, and provides a clear framework for co-parenting. It helps families move forward instead of focusing on past conflicts. It emphasises stability and encourages open communication.

However, some cases require legal advice. So, why not book an appointment with a family solicitor at Eatons Solicitors who can help ease the stress of your separation?