(1) A parenting plan
is an agreement that —
(a) is
in writing; and
(b) is
or was made between the parents of a child; and
(ba) is
signed by the parents of the child; and
(bb) is
dated; and
(c)
deals with a matter or matters mentioned in subsection (2).
(1a) An agreement is
not a parenting plan unless it is made free from any threat, duress or
coercion.
(2) A parenting plan
may deal with one or more of the following —
(a) the
person or persons with whom a child is to live;
(b) the
time a child is to spend with another person or other persons;
(c) the
allocation of parental responsibility for a child;
(d) if 2
or more persons are to share parental responsibility for a child, the form of
consultations those persons are to have with one another about decisions to be
made in the exercise of that responsibility;
(e) the
communication a child is to have with another person or other persons;
(f)
maintenance of a child;
(g) the
process to be used for resolving disputes about the terms or operation of the
plan;
(h) the
process to be used for changing the plan to take account of the changing needs
or circumstances of the child or the parties to the plan;
(i)
any aspect of the care, welfare or development of the
child or any other aspect of parental responsibility for a child.
(2a) The person
referred to in subsection (2) may be, or the persons referred to in that
subsection may include, either a parent of the child or a person other than
the parent of the child (including a grandparent or other relative of the
child).
(2b) Without limiting
subsection (2)(c), the plan may deal with the allocation of responsibility for
making decisions about major long-term issues in relation to the child.
(2c) The communication
referred to in subsection (2)(e) includes (but is not limited to)
communication by —
(a)
letter; and
(b)
telephone, email or any other electronic means.
(3) An agreement may
be a parenting plan —
(a)
whether made before or after the commencement of this section; and
(b)
whether made inside or outside Western Australia; and
(c)
whether other persons as well as a child’s parents are also parties; and
(d)
whether it deals with other matters as well as matters mentioned in subsection
(2).
(4) Provisions of a
parenting plan that deal with matters other than the maintenance of a child
are child welfare provisions.
(5) Provisions of a
parenting plan that deal with the matter mentioned in subsection (2)(f) are
child maintenance provisions .
(6) A registered
parenting plan is a parenting plan —
(a) that
was registered in a court under section 79 as in force at any time before the
commencement of section 7 of the Family Legislation Amendment Act 2006 ; and
(b) that
continued to be registered immediately before that section commenced.
[Section 76 amended: No. 35 of 2006 s. 7, 87 and
146.]