Children & Parenting · Plain English Guide
Children’s
Matters.
Parenting after separation — your rights, responsibilities and options. Parental responsibility, parenting orders, custody arrangements, and child support explained in plain English.
Children & Parenting · Parenting Orders & Custody · Plain English
A parenting plan is not legally enforceable
When parents separate, they often want to sort out parenting without going to court. One way to do this is by creating a parenting plan.
A parenting plan is a written agreement between parents about how they’ll care for their children. It’s flexible, low-cost, and focuses on the child’s needs. But it’s important to understand that a parenting plan is not legally enforceable—unless it’s turned into a court order.
This page explains what parenting plans cover, how to make one, and when it might be better to seek legal orders.
What Does a Parenting Plan Include?
A parenting plan can include anything related to raising your child, like:
Who your child lives with
When they spend time with each parent
School holidays and birthdays
Education and medical decisions
How you’ll communicate as co-parents
Example:
Josh and Elise agreed that their daughter would spend weekdays with Elise and weekends with Josh. They created a parenting plan and signed it together after mediation.
Do Parenting Plans Have to Be Approved by a Court?
No. Parenting plans are informal. You and your ex can create one yourselves, or with the help of a mediator.
There’s no need to go to court—unless:
One person doesn’t stick to the plan
You want it to be legally binding
There are safety concerns
Is a Parenting Plan Enforceable?
Not by itself. If one parent breaks the agreement, a court can’t enforce a parenting plan unless it has been turned into Consent Orders.
You can ask the court to make your parenting plan into Consent Orders—without going to trial. This makes it legally binding, and both parents must follow it.
Parenting Plan vs Court Order: What’s the Difference?
| Parenting Plan | Court Order (Consent or Judge-made) |
|---|---|
| Informal, flexible | Legally binding |
| Based on trust and cooperation | Enforceable by law |
| Can be changed anytime by agreement | Changes require court approval |
| Good for low-conflict situations | Better for high-conflict or safety issues |
What If We Already Have Court Orders?
If you create a parenting plan after court orders, the plan overrides the orders—but only if both parents agree. That means if conflict arises later, the old orders may no longer apply.
Example:
Tina and Sam had parenting orders from court. Later, they made a new parenting plan with different care arrangements. When they disagreed again, the court had to decide which version still applied.
Tips for Making a Parenting Plan That Works
Be specific—use days, times, and clear wording
Plan ahead for holidays and birthdays
Include communication methods (e.g., school apps, texts)
Be realistic and fair for both parents and the child
Keep your child’s needs front and centre
Final Thought
Parenting plans are a great option if both parents can cooperate. They give flexibility and avoid court—but they rely on trust.
At Aussie Divorce, we help you understand how parenting plans work in simple terms—so you can create one that truly supports your child.
