A practical agreement for parenting after separation
The uploaded page describes a parenting plan as a simple and flexible way to organise post-separation parenting arrangements. That is a useful starting point. The legal position is that a parenting plan has a specific meaning under the Family Law Act and should be distinguished carefully from a Court order.
A good plan should reduce ambiguity, reflect the child’s real routine and make it easier for parents to know what happens next.
1. What is a parenting plan?
A parenting plan is an agreement between the parents of a child that:
- is in writing;
- is signed by the parents;
- is dated;
- deals with one or more parenting matters recognised by the Family Law Act; and
- is made free from threat, duress or coercion.
There is no requirement to file the plan with the Court simply to make it a parenting plan.
2. What can it cover?
The Family Law Act allows a parenting plan to deal with a wide range of matters, including:
- who the child lives with;
- the time the child spends with another person;
- communication with parents or other important people;
- allocation of parental responsibility;
- how parents will consult if responsibility is shared;
- how disagreements about the plan will be resolved;
- how the plan can later be changed; and
- other aspects of the child’s care, welfare or development.
3. What should a practical plan include?
School nights, weekends, changeover times and transport.
Holiday blocks, notice periods, travel and handovers.
Birthdays, Christmas, cultural or religious occasions and family events.
Phone, video calls and how parents exchange information about the child.
4. How should major decisions be handled?
A parenting plan can record how responsibility for major long-term issues will be allocated and how consultation will occur.
These issues can include education, health, religious and cultural matters, the child’s name and significant changes to living arrangements.
Clear wording is usually more useful than a broad promise that parents will “always agree”.
5. Keep the child’s best interests at the centre
The Family Law Act encourages parents to use the legal system as a last resort and, when reaching agreement, to regard the child’s best interests as the paramount consideration.
That means the plan should be built around the child rather than around an adult idea of receiving an equal “share” of time.
6. Is a parenting plan legally enforceable?
No.
The Federal Circuit and Family Court of Australia describes a parenting plan as a written record of agreement that is signed and dated, but not legally enforceable.
That is one of the main differences between a parenting plan and parenting orders.
7. Parenting plan or consent orders?
Private, flexible and easier to update. It is not enforceable in the same way as a Court order.
Terms agreed by the parents and made as Court orders. They are legally binding and enforceable.
If both parents agree and want an enforceable arrangement, they can apply to the Court for parenting consent orders. The Court still needs to be satisfied that the proposed parenting orders are in the child’s best interests.
8. What if parenting orders already exist?
Take care before signing a later parenting plan.
A later parenting plan can have legal consequences for how an existing parenting order operates. Parents should not assume that an informal written change is legally irrelevant simply because it has not been filed with the Court.
9. Can a parenting plan deal with child support or expenses?
The legislation allows parenting plans to refer to child maintenance, but there is an important qualification.
Where the Child Support (Assessment) Act 1989 applies, a parenting-plan provision dealing with maintenance is generally not an enforceable substitute for child support unless the requirements for a child support agreement are met.
So school fees, medical costs and other financial arrangements should be considered separately from the parenting schedule where formal child-support arrangements are intended.
10. Can you change the plan later?
Yes, if the parents agree.
A parenting plan can expressly include a process for future changes. That can be useful because children’s circumstances evolve.
A review may be sensible when:
- the child starts school or high school;
- a parent relocates;
- work arrangements change;
- the child’s health or developmental needs change;
- the child grows older and their views become different; or
- new safety issues arise.
11. What if you cannot agree?
Family Dispute Resolution can help parents negotiate parenting arrangements with the assistance of a registered practitioner.
If agreement is reached, the outcome can be recorded in a parenting plan or formalised as consent orders.
If no agreement is reached and Court proceedings are needed, a section 60I certificate is generally required before filing unless an exemption applies.
12. When a parenting plan may not be appropriate
A parenting plan depends on genuine agreement.
Where there is family violence, coercive control, child-safety risk, intimidation or a significant power imbalance, direct negotiation may not be safe or appropriate.
The fact that a document was signed does not by itself establish that it was made freely.
13. Example — a clear plan is better than a vague promise
14. Parenting plan checklist
- Start with the child’s needs and safety.
- Write down the ordinary weekly routine.
- Cover holidays and important dates.
- Specify changeovers and transport.
- Include communication arrangements.
- Deal with information sharing and major decisions.
- Add a process for resolving disagreements.
- Add a process for reviewing the plan.
- Make sure both parents are agreeing freely.
- Sign and date the final document.
The simple way to think about it
A parenting plan can work very well when both parents can cooperate
Its strength is flexibility. Its limitation is enforceability. If you need legally binding terms, have existing parenting orders, or there are safety or coercion concerns, the right next step may be consent orders or legal advice rather than relying on a private plan alone.