Parenting plans should be designed to give certainty and stability for children and clarity for parents after separation or divorce. When lives change whether it is the parents or the children .ie maybe a job change, a relocation, or your child starting high school will herald in changes to the original parenting plan.
If you’re considering a change to your current arrangements, mediation offers a cost-effective and low-conflict way to resolve issues and move forward with an updated agreement—without going straight to court.
Why Parenting Plans Often Need Modification
Parenting plans in Arizona cover important aspects of co-parenting, such as legal decision-making (formerly known as legal custody), parenting time (physical custody), transportation, holidays, travel, and communication guidelines. The original plan of course would be based on the information available at the time of the divorce or separation and will need to be updated as life evolves.
Common reasons parents may seek to modify a parenting plan include:
- A parent relocates for work or family reasons
- A child’s school or extracurricular schedule changes
- One parent’s work schedule no longer fits the current plan
- A child has new medical, emotional, or academic needs
- There is ongoing conflict over how the current plan is interpreted
- One parent is not following the agreed-upon terms
In any of these situations, trying to make informal adjustments without a clear, updated agreement can lead to misunderstandings, missed time, or even court enforcement issues.
Mediation vs. Going Back to Court
If your parenting plan needs to be changed, you have two main options: file a petition for modification with the court or work through mediation to reach an agreement and then submit the updated plan to court for the court to endorse and order without a hearing.
Here’s why many Arizona families choose mediation first:
- Faster resolution – Court calendars are backed up, while mediation can be scheduled quickly.
- Lower cost – Mediation is typically much less expensive than litigation.
- Private and confidential – Discussions happen in a neutral setting, not in a public courtroom.
- More control over the outcome – Parents make decisions together, rather than leaving it up to a judge.
- Preserves co-parenting relationships – Mediation focuses on cooperation and problem-solving, not blame.
- Court will usually endorse your agreement – Arizona supports people reaching agreements as long as they are not unconscionable, substantially fair and equitable, and of course, in the best interest of the Children.
At McMurdie Law & Mediation, we see time and again that parents are more likely to follow and respect an agreement they created together, rather than one imposed by a court order.
When Mediation Works Best
Mediation is especially effective when both parents agree that changes are needed, but where a professional mediator is needed is when the parents have different ideas about those changes. A trained, neutral mediator helps you:
- Identify areas of disagreement
- Explore potential solutions and brainstorm with the parents
- Focus on the best interests of the child
- Draft a new parenting plan that is clear and enforceable
Even in situations where there is tension or communication is strained, mediation can help both parties stay focused on shared goals rather than past grievances, although a review of the current challenges does necessarily require a look back as to why.
When You May Still Need a Hearing
Mediation isn’t appropriate in every case. If there are allegations of abuse, neglect, or one parent is refusing to participate in good faith, court involvement may be necessary. In those cases, McMurdie Law & Mediation can represent you in a modification hearing to advocate for your child’s best interests.
But when both parties are willing to engage in dialogue, mediation can avoid unnecessary legal battles—and help you get to a workable solution much faster.
Updating Your Parenting Plan Through Mediation
Once an agreement is reached in mediation, the mediator or your attorney can help you draft a stipulated modification agreement. This document can then be submitted to the court for approval—often without the need for a hearing and the Court will enter the agreement as an order of the Court that is enforceable. This streamlines the process and ensures your parenting plan is legally binding and enforceable.
If you’re not sure whether your current parenting plan still works for your family, we recommend reviewing it annually, especially before a new school year, after major life changes, or as your children grow and their needs shift.
Talk to an Experienced Mediator or Attorney Today
Cristi McMurdie has helped hundreds of Arizona families resolve parenting plan disputes and modifications through collaborative, solution-focused mediation. With her legal experience and compassionate approach, McMurdie Law & Mediation is a trusted resource for parents who want to make changes that support their children and reduce conflict.
Reach out today to schedule a consultation and find out if mediation is the right path for your parenting plan update.