Co-Parenting Agreements

What is a co-parenting agreement?
A co-parenting agreement is a document that records the agreement between you and your partner about a variety of issues related to co-parenting your child.

Why should we make these agreements?
Co-parenting agreements provide an important means of outlining each of your respective rights and responsibilities in relation to the child. While co-parenting agreements are not legally enforceable, they may be useful in helping to avoid disputes between you if your relationship breaks down. These agreements can address issues of potential dispute and also include a process for mediation in the event of a dispute. If mediation is unsuccessful in resolving the dispute, then the matter will be decided in the Family Court.

How do we make these agreements?
You can prepare these agreements yourself. These documents are simply a written record of what you have agreed about certain issues. It is preferable that the document is signed by all of the parties to the agreement and that it is witnessed by someone over the age of eighteen. Your solicitor can prepare these agreements for you in a more formal legal format.

What types of things might we include in a co-parenting agreement?
You can tailor a co-parenting agreement to address your individual wishes. Some issues you might consider including are:

• acknowledging the equal status of the non-birth mother in raising your child
• acknowledging your intention to be equally involved in all decisions about your child
• your intentions in relation to financially supporting your child
• what will happen if your relationship breaks down
• who your child will live with if your relationship breaks down
• what kind of contact arrangements will there be between the child and the parent with whom the child does not live if your relationship breaks down
• financial support if your relationship breaks down
• what ongoing involvement will there be in terms of decision-making about your child if your relationship breaks down
• provision for mediation through gay or gay-friendly organisations.

Are co-parenting agreements enforceable in a Court?
This type of agreements is not enforceable in a Court. The agreement is an important record of your intentions. A Court may take the agreement into account when making a decision if there is a dispute between you that is being decided by the Court.

This Information Sheet provides information on the law in Queensland, Australia. If you are seeking information about the law in another state, territory or country, please contact a lawyer in that state, territory or country.

© Denise Maxwell, Solicitor 2009