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Attorney Milena Nowicka
What is a parental agreement? What is its role?
When is a parental agreement concluded?
What are the advantages of preparing a parenting plan?
What role does a parental agreement play in divorce proceedings? Parental agreement versus parental authority, contact with the child, the child’s place of residence, and child support
Is the court required to rule in accordance with a parental agreement?
What should a parental agreement contain?
Do you want to conclude a parental agreement? Do not rely on ready-made templates from the internet!
How can you speed up divorce proceedings and increase the chances of obtaining a judgment that meets your expectations? If you and your husband or wife have minor children together, you may consider preparing a parental agreement. Such an agreement allows you to regulate, among other things, the manner of exercising parental authority, maintaining contact with the child, determining the child’s place of residence, and child support obligations. This document is also an ideal place to agree on many other aspects related to your children.
A parental agreement (sometimes also referred to as a parental or parenting agreement, or a parenting plan) is a type of contract regulating the most important matters concerning the parties’ joint minor children. It is a written agreement on the manner of exercising parental authority, bearing the costs of the child’s maintenance, maintaining contact with the child, and all other issues that are significant to you in the context of the child’s upbringing.
Due to its contractual nature, a parental agreement provides considerable freedom as to what provisions it contains and how they are formulated. Above all, such a plan is intended to ensure stability and security for the children and to establish clear rules regarding upbringing and contact. It is worth preparing one whenever you conclude that the best interests of the child so require and that setting out consistent rules will help you avoid conflicts and misunderstandings.
You most likely associate a parental agreement primarily with divorce proceedings. This is hardly surprising, as it is the most common situation in which parents decide to put such an agreement in writing.
However, you should be aware that divorce is not the only circumstance in which it is worth considering concluding a parental agreement. Remember that a parental agreement is a contract, which means you have broad discretion in shaping its provisions. It is likewise entirely up to you whether and when you decide to conclude it at all. Therefore, a parental agreement may be signed not only by divorcing spouses. It may equally be concluded by unmarried parents who wish, by means of such a plan, to safeguard the child’s welfare and protect the child’s interests.
Similarly, you may prepare a parental agreement in the event of separation, including so-called factual separation, i.e. when you no longer live together but formally remain married.
In theory, if you are fully in agreement as to when the child stays with which parent, where the child spends holidays, school breaks, and public holidays, such a plan might seem unnecessary. However, it is often said that “contracts are written for times of conflict.” A parenting plan is precisely such a contract. While there is, of course, no reason to anticipate a “war” with the other parent, it will be far more comfortable for both you and your child to regulate the most important matters through a written agreement between you and the other parent.
This is not the only advantage of preparing a parenting plan. It is also a way to agree on terms acceptable to both parties without the court’s interference. Consequently, a parenting plan may also speed up and facilitate divorce proceedings. When you present a common position on matters concerning your child, the court may issue its judgment much more quickly.
Entering into a parenting agreement is of even greater importance if you wish to raise your child under a system of alternating custody. This is a special arrangement that requires cooperation between the parents. In such a case, the court receives clear evidence that you are capable of agreeing on all important issues and that exercising parental authority under this system is feasible.
Parental Agreement vs. Parental Authority, Contact with the Child, the Child’s Place of Residence, and Child Support
When issuing a divorce judgment, the court must also resolve matters concerning the parties’ joint minor children, including their place of residence, contact with each parent, parental authority, and child support. In this respect, you have two options:
By preparing a parental agreement, you therefore retain influence over the court’s decision. The Family and Guardianship Code even contains a specific provision on this matter. Under this provision, the court shall take into account a written agreement of the spouses regarding the manner of exercising parental authority and maintaining contact with the child after divorce, provided that it is consistent with the best interests of the child.
Accordingly, if you are able to reach an agreement—whether independently or with the assistance of, for example, lawyers or a mediator—it is worth considering the preparation of such a plan. All the more so because no one knows your children better than you do. If you are able to find a compromise, it will most likely best reflect your children’s needs and provide them with the greatest sense of security.
The mere fact that you have prepared a mutually agreed parental agreement does not yet guarantee that the court will incorporate it into its judgment. The court’s primary duty is always to act in the best interests of the child. If it finds that the plan you have presented does not serve those interests, it may issue a different ruling.
On the other hand, even if the court accepts your plan, it will not become, for example, an appendix to the judgment. The court is required to specify in the operative part of the judgment all issues mandated by law (including contact, parental authority, and child support). This means that these matters will in any event be included in the judgment; however, if the court considers your parenting plan to be consistent with the child’s best interests, the provisions of the judgment will correspond to those contained in the plan.
The law does not impose a specific structure or list of mandatory elements for a parental agreement. You therefore enjoy considerable freedom in this respect.
However, bear in mind that the more detailed the parenting plan, the greater the likelihood of avoiding misunderstandings. For this reason, as a rule, you should aim to specify each element of the plan as precisely as possible. For example, instead of merely stating that the other parent may see the child every other weekend, it is advisable to define exact hours, whether contact takes place in person or online, whether the child may stay overnight, who is responsible for taking the child home, what happens in the event of illness, and so on.
Another important point is that the content of the agreement should depend on your individual circumstances, as it is you who will implement the plan and it is intended to serve you and your child. Naturally, there are certain elements that appear particularly frequently in such agreements. These include, for example:
This does not mean, however, that your plan must be limited to this list or that every item mentioned above is necessary in your particular case.
Since we have established that a parenting plan should be tailored to the specific circumstances of a particular family, it should be obvious that using a ready-made template is a very poor idea.
You will find many parental agreement templates online, but it is strongly advised not to copy them uncritically. Doing so may result in arrangements that in no way reflect your own needs or those of your child. There is also a significant risk that you will omit important elements (not anticipated by the author of a given template) or that certain issues will be defined insufficiently precisely.
Therefore, if you have any doubts as to how to prepare such a parenting plan, it is best to seek the assistance of a family law attorney. This will give you confidence that the plan contains all key provisions, that they are sufficiently detailed, consistent with the best interests of the child, and—equally importantly—tailored to your individual family situation.
