Five Provisions Every Parenting Plan Must Contain — and Why they Matter

A parenting plan that is drafted quickly, without attention to detail, may look fine at first glance—but often contains vague or missing provisions that can undermine its enforceability and lead to conflict. In California family law, a parenting plan is a court order that defines how parents will share and divide decision-making and caretaking responsibilities to protect the health, safety, welfare, and best interests of each child.

One way to ensure sound drafting is to follow the requirements of California Family Code § 3048(a), which provides that every child custody or visitation order—including ex parte orders, temporary orders, judgments, and post-judgment modifications—must include the following:

• The basis for the court’s exercise of jurisdiction;

• The manner in which notice and opportunity to be heard were given;

• A clear description of the custody and visitation rights of each party;

• A statement that violations may subject a party to civil or criminal penalties, or both; and

• Identification of each child’s country of habitual residence.

Why These Provisions Matter

1. Basis for the Court’s Exercise of Jurisdiction

Detailed jurisdictional findings in a parenting plan are important because they show that the court that approved the parenting plan had legal authority to make the orders, which is essential for registering and enforcing the plan in other states and countries. To do this, the factual and legal bases for the exercise of jurisdiction should be clearly stated, including whether the court is exercising initial or modification jurisdiction, and the specific California Family Code section that gives rise to jurisdiction should be cited. The order should also expressly state that no court other than the Superior Court of California will have jurisdiction to modify the order unless both parents and all of the children no longer reside in the state or a California court has issued an order relinquishing jurisdiction. If this is not done, there is a greater risk that a court in another jurisdiction outside California will not enforce your parenting plan.

2. Court’s Due Process Findings

The purpose of the due process findings requirement is to increase the likelihood that your parenting plan will be enforced outside California if enforcement ever becomes necessary. Another way that a party can challenge enforcement of a parenting plan is to claim that the issuing court did not afford the party due process. Due process means that each party received notice and had a full opportunity to be heard.

To accomplish this, the parenting plan must describe in detail how notice of the case itself (service of the petition or filing of a response) and of the hearing or proceeding that produced the order was given, and that each party had a full opportunity to be heard. Except in defaults, the order should state that both parties participated (either through counsel or were self-represented) in the proceeding or negotiation that led to the order.

3. Description of Custody and Visitation Rights

A parenting plan’s custody and visitation provisions must be clear because the plan operates as a tiebreaker when the parents do not agree. When parenting plan provisions are vague, they create space for misunderstanding—and misunderstanding often escalates into conflict or litigation. A provision stating that “Parent A shall have parenting time with the child every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Parent B shall have the child at all other times. Exchanges of the child shall occur at Parent B’s residence. This schedule shall commence on 1/2/2026.” may appear reasonable on its face, yet it contains important defects that can cause conflict.

For example, the order provides no guidance about whether a weekend is lost if interrupted by a holiday, or if the alternation merely resumes by reference to which parent had the child for the last regularly scheduled weekend. This order also requires the parents to track when the schedule started so that they know which weekend is theirs—placing an unnecessary administrative burden on them and inviting disputes over recollection.

By contrast, a well-drafted order avoids these ambiguities. It will identify each parent’s respective parenting time, identify the commencement date, the times and locations for exchanges, and explain how the base schedule resumes after interruptions for holidays, vacations, and other special days.

A clearer version of the same provision might read:

“The parents will share physical custody of the child according to the following schedule (‘base schedule’): Parent A shall have the child from 6:00 p.m. Friday to 6:00 p.m. Sunday on every weekend in which Friday is an odd-numbered calendar date; Parent B shall have the child at all other times. Exchanges of the child shall occur at Parent B’s residence at 404 Parenting Blvd., Harmony, CA 94595. This schedule shall commence on 1/2/2026."

The holiday and vacation schedule shall supersede the base schedule. If the base schedule is interrupted by the holiday and vacation schedule, the base schedule shall resume immediately at the end of each designated holiday or vacation period.”

Finally, the parenting plan should be well organized and written in plain language so that the parents themselves, judges, law enforcement, and court personnel can understand the relevant provisions quickly. Use an outline and label sections with headings. Keep sentences and paragraphs tight, write in the active voice, and avoid legal terminology unless necessary. Even better, attach a simple table or calendar-style chart that visually shows the custody schedule. A visual schedule is far easier to read and interpret—especially in emergency situations—than lengthy text descriptions.

4. Violation Clause

A violation clause reinforces that a parenting plan is a court order, not a suggestion. By clearly stating that violations may result in civil or criminal penalties, it underscores the seriousness of compliance and discourages noncooperation.

5. Habitual Residence Findings

Identifying each child’s habitual residence may strengthen the likelihood that the court of a foreign country will refuse to exercise child custody jurisdiction and will return a wrongfully removed or retained child to the United States. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) provides limited remedies for the return of children under age 16 in countries that are signatories to the treaty. This relief depends on which country is determined to be the child’s habitual residence.

Habitual residence is determined by the courts of the country where the child is present when a custodial parent petitions for the child’s return under the Hague Abduction Convention. The foreign court will not be bound by the provisions of a California court order; it will make an independent determination based on the current facts and circumstances at the time a party invokes the foreign court’s jurisdiction.

However, to the extent that a California order contains the factual and legal details establishing that California is the child’s habitual residence within the meaning of the Convention, a foreign court deciding whether to take jurisdiction or find a basis for return may be influenced by the terms of the California order. For example, an order indicating that a child’s stays abroad will be considered temporary absences, absent the written consent of both parents to a change in habitual residence, may help in a subsequent determination of habitual residence.

Clarity Is Protection

As family law attorneys, we know that clarity is compassion. Investing time in a well-drafted, enforceable parenting plan protects clients’ peace of mind and helps prevent future conflict.

If you or someone you know could benefit from a second look at their parenting plan language—or if you’d like to collaborate on drafting templates—I’m always happy to connect.