Parenting plans in Australia: What they are and how to make one
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What is a parenting plan?
A parenting plan is a written agreement between separated or divorced parents that outlines how they will share parenting responsibilities. It includes details about living arrangements, parental decision-making, communication, holidays, and more. The plan must be voluntarily signed by both parents and made in writing.
Parenting plans are not legally binding under the Family Law Act 1975, but they can be considered by courts in future disputes under Section 63C. They demonstrate your commitment to cooperative parenting and can provide structure for your family. Our AI assistant can explain what should be included based on your family setup.
Key benefits of a parenting plan
Creating a parenting plan promotes collaboration and reduces conflict between parents while helping avoid costly court proceedings. It gives children stability and structure during a difficult transition and is customisable for changing needs as children grow.
Parenting plans can be used as a starting point before applying for Consent Orders if binding terms are needed later. They offer flexibility, especially for amicable co-parents who want to maintain control over their arrangements rather than having a court decide.
How our AI legal assistant can help
Our AI legal assistant can explain what parenting plans typically include, what courts expect, and how to structure your plan based on your family's needs. It helps you understand your rights and responsibilities under the Family Law Act and can answer questions about time schedules, travel, shared custody, or dispute resolution.
If you're in Australia and need legal advice or want the agreement reviewed, we can connect you with an experienced family lawyer who can help create Consent Orders or provide guidance on complex parenting arrangements.
Common scenarios we help with:
You and your ex-partner agree on custody and want to document it
You want a written plan for school holidays, birthdays, and weekends
One parent wants more time, and you're working out a fair compromise
You're unsure if your informal parenting agreement is valid or needs updating
You need something enforceable and want to turn your plan into Consent Orders
Frequently Asked Questions
Include living arrangements, decision-making responsibilities, communication rules, and holiday schedules following Family Law Act guidelines. The plan should cover where children will live, how time is shared between parents, who makes decisions about education and health, and how parents will communicate. Our AI legal assistant can help explain what's required and how to structure your plan effectively.
Yes, our AI legal assistant is completely free to use. You can ask any legal question about parenting plans and receive helpful, personalised information based on your situation and the Family Law Act. We provide legal information but do not give legal advice. If you need legal advice or want to create Consent Orders, we can connect you with an experienced family lawyer.
Discuss with the other parent and document agreed arrangements in a written parenting plan. Consider children's ages, school schedules, work commitments, and distance between homes. Include specific details about weekdays, weekends, holidays, and special occasions. Both parents should sign the plan to show agreement.
No, parenting plans don't automatically expire but can be reviewed and updated as children's needs change. It's good practice to review arrangements regularly, especially as children grow or circumstances change. You can modify the plan by mutual agreement or create new Consent Orders if needed.
Yes, you can create a parenting plan without court involvement, though it won't be legally binding. This approach works well for parents who communicate effectively and can resolve disputes together. If you need enforceable arrangements, you can later apply for Consent Orders based on your parenting plan. Our AI assistant can help you understand the differences between parenting plans and court orders.
No, parenting plans are not legally binding without court approval, but they can influence court decisions if disputes arise later and show your commitment to co-parenting. If you need legally enforceable arrangements, you should apply for Consent Orders. However, many families successfully use parenting plans without court involvement.
Yes, both parents must voluntarily agree and sign for a parenting plan to be valid under the Family Law Act. One parent cannot impose arrangements on the other. If parents cannot agree, they may need family dispute resolution or court proceedings to determine arrangements. We can connect you with a family lawyer if you're having difficulty reaching agreement.
Document living arrangements, time schedules, decision-making responsibilities, and communication methods in writing with both parents signing. Include specific details about weekday and weekend arrangements, holiday schedules, pickup and drop-off procedures, and how decisions about children will be made. Both parents should keep signed copies of the agreement.
Since parenting plans aren't legally binding, you may need mediation or court intervention for enforcement. You can try family dispute resolution first, or apply to the court for Consent Orders or parenting orders if the situation doesn't improve. Courts can enforce legally binding orders but cannot enforce informal parenting plans directly.