Separating is challenging – especially when you’re making new routines for your children and trying to communicate well with the other parent. Many families want a clear, practical roadmap that reduces conflict and keeps children’s lives steady. A parenting plan is one way Australian parents create structure and cooperation after separation.
A parenting plan is not the same as a court order, and it isn’t automatically enforceable. Even so, it can be an important tool for co-parenting – helping everyone understand what will happen day-to-day and during special occasions.
In this guide, we explain parenting plans in Australia: what they are, how they differ from parenting agreements and parenting orders, what to include, and when to seek legal support.
What Is a Parenting Plan
A parenting plan is a written agreement between parents that records how they intend to care for their child – including living arrangements, time with each parent, communication, decision-making and more. To be recognised under the Family Law Act, a plan should be in writing, signed and dated by both parents. It can also involve other people who play a significant role in a child’s life (for example, a step-parent or grandparent), provided the parents agree to include them.
Importantly, a parenting plan is not legally enforceable – a court cannot compel a parent to follow it in the way it can enforce a parenting order. That said, a well-considered plan is still valuable. It can guide everyday routines, reduce misunderstandings, and demonstrate that the parents agree on arrangements in the child’s best interests.
Parenting plans are flexible – they can be changed by agreement at any time as children grow or circumstances shift. If a dispute later goes to the family court, the most recent plan may be considered as evidence of the parents’ intentions and patterns of care, particularly where it shows genuine, child-focused cooperation.
Parenting Agreements: Informal vs Formal
Think of parenting agreements as a broad category that includes anything parents agree to about their children:
- Oral agreements or casual arrangements – informal understandings that rely on goodwill and trust.
- Written agreements – most commonly a parenting plan. These are more structured and clearer than oral arrangements, but still not legally binding.
- Parenting orders or consent orders – formal court orders that are legally enforceable.
Families often start with a parenting plan to test what works. If it proves practical and both parents want certainty, the plan can form the blueprint for consent orders lodged with the court. Conversely, where there is already an existing court order, parents might later agree to adjust parts of it – usually by applying for updated consent orders so the document remains consistent and enforceable.
Which path is right for you depends on cooperation, communication, safety, and the level of legal certainty you need. Low-conflict, communicative families may do well with a parenting plan. Where there is non-compliance, uncertainty or higher risk, consent orders provide the clarity and authority of a legally enforceable agreement.
Legal Context & Recent Changes
Parenting matters sit under Part VII of the Family Law Act 1975 (Cth). Whenever a court makes a parenting order, its paramount consideration is the best interests of the child. In doing so, the court looks at factors such as safety, the benefit of meaningful relationships, the child’s views (depending on age and maturity), cultural considerations, and the likely effect of any changes to care arrangements.
Recent reforms – including the Family Law Amendment Act 2023 – have refined how courts approach decision-making, including changes to the way parental responsibility is considered. The emphasis remains on practical, safe parenting arrangements that meet each child’s needs.
Because the legal landscape evolves, it’s wise to seek legal advice before relying on a plan in complex or high-conflict situations. Where there are concerns about family violence, child abuse, relocation, or entrenched disagreement, a parenting plan on its own may not provide enough protection. In those cases, formal parenting orders or consent orders may be more appropriate.
What to Include in a Parenting Plan
A good parenting plan is clear, specific and practical. Consider including:
- Living arrangements – where the child lives and how time is shared between homes.
- Time and contact schedules – weekly routines, weekends, overnight stays, changeover times and locations.
- Holidays and special days – how you’ll share school holidays, birthdays, Christmas, Mother’s Day and Father’s Day.
- Transport and handovers – who will transport the child, where handovers occur, and back-up options if things change.
- Decision-making/parental responsibility – how you will consult on major long-term decisions such as schooling, health, religion, and significant medical treatment.
- Communication – how and when the child speaks with the other parent (phone, video, messaging) and any boundaries that protect the child’s routine.
- Extended family/significant people – time with grandparents or others important to the child.
- Travel and relocation – notice periods, passports, interstate or overseas travel, and how disputes will be managed.
- Dispute resolution/variation – an agreed process (for example, family dispute resolution) to deal with disagreements or update the plan.
Other matters – extracurricular activities, special health needs, technology use, and cultural or religious practices.
“Clarity reduces conflict – avoid vague phrases and spell out times, dates and logistics. Build in review points so the plan can evolve as your child matures. While a plan isn’t enforceable, courts often consider the most recent written record of the parents’ intentions if a dispute later arises.” Sue Stannett – Director.
Pros & Cons of Parenting Plans
Advantages
- Flexible and adaptable as children’s needs change.
- Encourages cooperation, communication and a child-focused approach.
- Lower cost and less adversarial than going to court.
- Reflects the family’s own solutions rather than a judge’s decision.
Limitations
- Not legally enforceable – you can’t compel compliance under a plan alone.
- May be unsuitable in high-conflict or higher-risk situations (for example, family violence).
- Non-compliance or persistent disputes may still lead to parenting proceedings.
- If a plan conflicts with a court order, the order prevails – inconsistent parts of the plan may have no effect.
A parenting plan is most effective where parents communicate respectfully and make a genuine effort to keep the child’s best interests front and centre.
When to Convert to a Parenting Order or Consent Orders
Consent orders are written agreements approved by the court – they become legally binding court orders. Converting a parenting plan into consent orders can be helpful when there is recurring disagreement, a need for certainty, safety concerns, relocation issues or a history of non-compliance.
The general pathway is: attempt dispute resolution (often with a family dispute resolution practitioner), document what’s agreed, and apply for consent orders using the court’s application form and supporting documents. If no agreement can be reached, either party may ask the court to decide, following the required pre-action procedures.
Once consent orders or parenting orders are made, future changes usually require further consent orders or a fresh court application. In limited circumstances, parents may adjust day-to-day arrangements by agreement, but formal variations should be recorded to keep the orders clear and workable.
Tips for Negotiating a Good Parenting Plan
- Be child-focused – prioritise routines, schooling, friendships and your child’s wellbeing.
- Communicate respectfully – focus on solutions, not past disagreements.
- Use mediation – a Family Dispute Resolution service or practitioner can keep discussions constructive.
- Be specific and practical – include dates, times, locations and contingency plans.
- Build in flexibility – allow reasonable adjustments and review dates.
- Document everything – keep drafts, emails and signed, dated versions so there’s a clear written agreement history.
- Seek legal advice – get tailored guidance on rights, risks, and how a plan interacts with any existing court order or consent orders.
“As we often remind clients, the right plan balances clarity with compassion – it should give children predictability while letting parents adapt to real life.” Sue Stannett – Director.
Changing or Revoking a Parenting Plan
Because a parenting plan is voluntary, parents can update or replace it at any time by mutual agreement – create a new signed and dated version and keep copies. If there’s a conflicting court order, the order will override any inconsistent parts of the plan.
If agreement becomes difficult or circumstances change substantially, consider family dispute resolution to renegotiate. Where safety, relocation or entrenched conflict is involved, you may need to return to court to vary parenting orders or seek new orders. When in doubt, seek legal advice early to avoid confusion or unintended serious consequences.
Conclusion
Parenting plans offer a cooperative, flexible way to organise parenting arrangements, sitting between informal understandings and formal court orders. The best plans are clear, practical and centred on your child’s best interests.
If uncertainty, non-compliance or safety concerns arise, consider formalising your parenting agreement through consent orders and obtaining legal guidance.
Freedom Family Law – Sunshine Coast family lawyers assisting clients across Australia – can help you draft, review or convert a parenting plan and ensure it works alongside the Family Law Act requirements.
General information only – obtain legal advice for your circumstances.
Helpful next step: Learn more about our parenting arrangements services and book a free consultation: