Drafting Considerations for Parenting Plans

While focus in family law matters tends to center on financial issues, such as support or division of assets, it is the parenting provisions that are often utilized by parties day-to-day, and which are also frequently later litigated ' whether through modification or enforcement actions ' after an initial proceeding has concluded. Consequently, while attorneys and the courts look to parenting plan provisions to alleviate tension and provide a mechanism by which to assist parties in operating on a daily basis, missed parenting plan provisions, or ambiguous ones, can lead to confusion and conflict between parents down the road. It is important, therefore, to consider incorporating, or at least discussing, the following issues prior to finalizing any parenting plan.