What is a parenting plan?
A parenting plan is a written agreement between parents about arrangements for their children. Under the Family Law Act 1975, a parenting plan must be in writing and signed and dated by both parents. It must also be made free from threats, duress or coercion.
You can write a parenting plan yourselves, with the help of lawyers, or through Family Dispute Resolution (FDR). Many parents find FDR useful because an impartial practitioner helps them work through each issue and keeps the focus on the children.
What can a parenting plan cover?
A parenting plan can be as broad or as detailed as your family needs. Common topics include:
- who the children live with, and when they spend time with each parent
- school holidays, birthdays, Mother's Day and Father's Day, and cultural or religious occasions
- handover times, places and transport
- how parents will communicate with each other and with the children
- how important long-term decisions about education, health and religion will be made
- time with grandparents and other family members
- travel, including interstate and overseas
- how you'll resolve disagreements and review the plan as children grow
Keeping children at the centre
In family law, the best interests of the child are the paramount consideration. A good parenting plan reflects each child's age and stage of development, their routines and needs, their safety, and the relationships that matter to them. What works for a toddler is often very different from what suits a teenager. Building in regular reviews is usually a good idea.
Parenting plans vs consent orders
This is one of the most important things to understand:
- A parenting plan is not legally enforceable. If one parent stops following it, the other can't ask a court to enforce it as they would a court order. A court may still consider the most recent plan if there are later proceedings.
- Consent orders are legally enforceable. Both parents agree to the terms and apply to the Federal Circuit and Family Court of Australia. Once approved, consent orders have the same effect as orders made after a hearing. You don't usually need to attend court to get them.
Parenting plans are flexible and can be changed easily by agreement. That suits many families well. Others want the certainty of consent orders, especially where there's a history of disagreement. If you already have parenting orders, a later parenting plan may affect how those orders operate, so get legal advice before signing one.
How FDR can help
An accredited Family Dispute Resolution Practitioner can help you:
- identify the issues you need to agree on
- talk through options in a structured, child-focused way
- reach agreement and record it clearly as a parenting plan
- understand the next steps if you want to apply for consent orders
If FDR doesn't lead to agreement, or isn't appropriate, the practitioner may issue a section 60I certificate. In most cases, this certificate is needed before applying to court for parenting orders.
This page provides general information only and is not legal advice. Family law can be complex and the right path depends on your circumstances — we encourage you to get independent legal advice before making decisions or signing agreements.