When separating parents are making parenting arrangements, it’s crucial to understand the difference between a parenting plan, a consent order, and a court order. A parenting plan is a voluntary written agreement that details care arrangements for children after separation. This guide explains what a parenting plan is, how it works under the Family Law Act, what to include, and when to seek a legally enforceable agreement.
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Key takeaways
A parenting plan is a written agreement that sets out care arrangements for children after separation.
Parenting plans are voluntary and not legally binding, but can be used as evidence in the family court.
Consent orders are legally enforceable agreements approved by the Federal Circuit and Family Court of Australia.
Parenting plans are flexible and can be changed at any time if both parents agree.
Family dispute resolution services can help parents resolve issues and create effective parenting agreements.
What is a parenting plan?
A parenting plan is a voluntary, written agreement between separating parents that covers all arrangements for children, including where the child lives, how much time they spend with each parent, parental responsibility for major long term decisions, financial support, and communication methods. Parenting plans are recognised under the Family Law Act 1975 but are not legally enforceable agreements. There is no required format, but the plan must be in writing, signed, and dated by both parents.
A parenting plan can be made by married, de facto, or never married parents and can be updated at any time if both parents agree. Parenting plans are most effective when both parties focus on the child’s best interests and welfare.
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Parenting plans vs consent orders: Key differences
Legal status
Parenting plan: Not a legally enforceable agreement. It is an informal, flexible arrangement between parents. The family court may consider a parenting plan as evidence if a dispute arises.
Consent order: A legally enforceable agreement approved by the Federal Circuit and Family Court. Both parties must follow the order, and there can be serious consequences for breaching it.
Flexibility
Parenting plans can be changed at any time by making a new written agreement, provided both parents agree.
Consent orders can only be changed by applying to the court and showing a significant change in circumstances, or by mutual agreement and drafting new orders.
Enforceability
Parenting plans cannot be enforced by the court. If a parent breaches the plan, the other party may need to seek a parenting order or convert the plan to a consent order for enforceability.
Learn more about consent orders.
How to Make a Parenting Plan: Parenting Plan Checklist
Discuss parenting arrangements
Talk with the other parent about what care arrangements are in your child’s best interests, considering their age, developmental stage, and relationship with both parents.
Write the plan
Make the plan as detailed as possible. Key sections to include:
Living arrangements: Where the child lives, how much time with each parent, contact with extended family, and how school transitions are managed.
Special days: Arrangements for birthdays, school holidays, public holidays, and special local events.
Education: Which school the child attends, who attends parent teacher meetings, and how school related costs are shared.
For more detail, see child custody arrangements.Financial support: How costs are shared, child support, and payment schedules.
Parental responsibility: Who makes major long term decisions about the child’s life, including health, education, and religion. Specify if decisions are joint or separate.
Family dispute resolution: How disagreements will be handled, which family relationship services or family dispute resolution practitioner will be used.
Communication: How and when the child will contact the other parent, and how parents will communicate about the child’s welfare.
Transport arrangements: Who is responsible for drop offs and pick ups, and exact changeover locations.
Review schedule: Set regular dates to review the parenting plan as the child grows or if a parent relocates.
Sign and date
Both parents should sign and date the written agreement to create a clear record.
Review regularly
Keep a copy each and schedule reviews every 12–24 months or when circumstances change.
When Not to Use a Parenting Plan
Parenting plans are not appropriate in all circumstances. If there are concerns about domestic violence, child abuse, or a lack of reliability and trust, it may be better to seek a legally enforceable agreement such as a consent order or parenting order. In such cases, the child’s safety and best interests must come first, and legal practitioners can provide guidance.
Family Dispute Resolution and Support Services
If parents cannot agree on parenting arrangements, family dispute resolution can help resolve issues and avoid going to court. Services such as Family Relationship Centres, Legal Aid Queensland, and family dispute resolution practitioners offer mediation and support to help make a parenting agreement that works for both parties. Co parenting apps like OurFamilyWizard provide a secure platform for communication, shared calendars, and expense tracking.
Community based family support services and local family law specialists in Maroochydore can assist in tailoring parenting plans to specific Sunshine Coast travel and lifestyle needs.
Understanding Parenting Plans: Legal and Practical Aspects
A parenting plan establishes clear guidelines and expectations for everyone in the family regarding legal separation or divorce settlement agreements. Both parents must be part of any agreement or order in relation to the children. There are no strict rules about how a parenting plan must be set out, but it should always be a written record, signed and dated.
The best interests of the child is the legal standard that guides all parenting arrangements. Parenting plans should be practical, child focused, and consider the child’s developmental stage, relationship with each parent, and future needs.
Frequently asked questions
A parenting plan is a voluntary, written agreement between separated parents that sets out care arrangements for children, including where the child lives, time with each parent, parental responsibility, and financial support.
No. Parenting plans are not legally binding or enforceable agreements, but they can be used as evidence in the family court if a dispute arises.
A parenting plan is informal and flexible, while consent orders are legally enforceable and approved by the Federal Circuit and Family Court.
Discuss arrangements, draft a detailed written agreement, both parents sign and date, and review regularly. Use a parenting plan checklist and seek legal advice if needed.
If there are concerns about domestic violence, child abuse, or the other party’s reliability, or if you need a legally enforceable agreement, seek a court order or consent order.
Family Relationship Centres, Legal Aid Queensland, co-parenting apps like OurFamilyWizard, and community-based support services. Local family law specialists can help tailor plans for Maroochydore and Sunshine Coast families.
From our clients
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Conclusion
Parenting plans are a flexible, cost effective way for separating parents to organise arrangements for children. For cooperative families, they provide clarity and reduce conflict. Where safety, trust, or enforceability is a concern, seek legal advice and consider a consent order or parenting order.
Create a parenting plan that works for your family. Book your free consultation with Ferrall & Co. or call (07) 5491 2159. All consultations are confidential.
