Separation can be particularly challenging for children. During times of change, children benefit most from stability, reassurance, and clear arrangements that help them feel safe and supported. With a parenting plan, you can reach a fair, practical agreement on childcare arrangements without the stress, cost, or formality of going to court.

This written document helps to shift the focus away from disputes and towards consistent routines, clear obligations, and, most importantly, your child’s best interests.

Whether you are creating a parenting plan for the first time or would like to change existing terms, our family lawyers can help. Here, we guide you through what to consider and how to approach this process in a way that genuinely works for your family.

What is a parenting plan?

A parenting plan is a written agreement between parents that details how they will care for and make decisions about their child after separation.

A parenting plan can be as simple or detailed as parents choose, as long as it deals with at least one aspect of the child’s care, welfare, or development. It should explain the practical arrangements for raising a child, including where the child lives, how time is shared, and how important decisions will be made.

There is no requirement to go to court to make a parenting plan, which makes it a flexible and accessible option for families across Australia. Instead, to be recognised as a parenting plan under the Family Law Act 1975, the agreement must:

• Be in writing
• Be signed and dated by both parents
• Be made freely and voluntarily, without pressure, threats, or coercion

You should always seek legal advice before signing a parenting plan. This will help ensure the arrangements are clear, fair, feasible, and in your child’s best interests, and that both parents fully understand the legal effect of the agreement.

What a parenting plan should include

The most effective plans are clear, practical, and structured to reduce the risk of disputes in your family’s specific circumstances.

While there is flexibility in what you include, the points below cover the key areas of a child’s care, welfare, and development:

• Parental responsibility: How parents will share responsibility and make major decisions about schooling, medical care, religion, and other long-term issues.
• Living arrangements: Where the child will live and whether one or both parents provide primary care.
• Time with each parent: A clear schedule outlining weekdays, weekends, overnight stays, and regular routines.
• Changeover and transport arrangements: Where changeovers will occur, who is responsible for transport, and any backup plans if arrangements change.
• Special occasions and holidays: Plans for birthdays, school holidays, public holidays, and cultural or religious events.
• Communication arrangements: How and when the child will communicate with each parent when they are apart, such as phone calls, video calls, or messages.
• Child safety and travel considerations: Car seat and restraint requirements, particularly if parents live in different states or travel regularly.
• Future changes to arrangements: How anticipated changes will be managed as the child grows, including adjustments to routines or schedules.
• Introducing new partners: Any agreed guidelines about introducing the child to new partners or dating relationships.
• Time with extended family: Arrangements for the child to spend time with grandparents and other significant people.
• Relocation arrangements: How relocation requests will be handled, notice periods, and how disputes about moving will be resolved.

What to consider before making a parenting plan

The best interests of the child

When creating a parenting plan, the guiding principle should always be what best supports your child’s wellbeing and development. Decisions should be made with the child at the centre, rather than focusing on parental preferences or convenience.

Protecting a child from physical, emotional, or psychological harm must always take priority, particularly where there is a history of family violence or ongoing conflict.

To help assess what arrangements will work best, parents should carefully consider:

• The child’s age, maturity, and changing developmental needs
• Practical realities such as housing, distance between homes, transport, and day-to-day costs
• Any health, disability, or educational needs requiring additional support
• Each parent’s ability to provide consistent care, stability, and emotional support
• The child’s views, where appropriate, taking into account their age and understanding
• The child’s cultural identity and connection to the community

Strong relationships also play a key role in a child’s sense of security. Parenting plans should support meaningful connections with parents, siblings, grandparents, and other significant people, where it is safe and appropriate to do so.

Ultimately, keeping the focus on what helps your child feel safe, supported, and secure increases the likelihood that a parenting plan will work in practice and stand the test of time.

Shared parental responsibility

Shared parental responsibility refers to each parent’s duty and authority to make and manage decisions about major, long term issues affecting their child.

In many cases, and where there are no concerns about violence, abuse, or safety, Australian family law recognises that it is often in a child’s best interests for both parents to be involved in these important considerations.

Parental responsibility applies to all parents, regardless of whether they were married, in a de facto relationship, or never lived together. Separation does not change parental responsibility unless a court order says otherwise.

If parents agree to share parental responsibility, you are expected to consult each other and genuinely attempt to reach joint decisions on these long-term issues. It’s helpful to include a decision-making process in your parenting plan, including how discussions will occur, how information will be shared, and what steps will be taken if parents disagree on a major issue.

If court involvement becomes necessary, there is no automatic rule that parents must share decision-making equally. Instead, the Court will assess the specific circumstances of the family and make orders based on what best supports the child’s welfare. Depending on the situation, this may involve shared, sole, or issue-specific decision-making authority.

Equal time with each parent

Equal time arrangements, where a child spends roughly the same amount of time with each parent, should be considered if they support the child’s best interests and are realistic in practice.

This might involve arrangements such as a week with one parent followed by a week with the other, or another balanced schedule that suits the family.

Please note that equal time is not required under Australian law and may not be suitable for every family. The focus should always remain on whether the arrangement is practical, child-focused, and supportive of their overall well-being, rather than on achieving an exact division of time.

When deciding whether equal time is suitable, think carefully about:

• The likely effect of the arrangement on the child’s emotional well-being, stability, and sense of security
• The distance between each parent’s home and whether regular travel is manageable for the child
• Each parent’s capacity to support daily routines, including work hours, school schedules, and extracurricular activities
• How effectively parents communicate and resolve issues that may arise during shared care

How to create a parenting plan

There is no strict template or legal formula for a parenting plan. It can be short or detailed, depending on what suits your family.

The key is to stay focused on your child’s needs and create arrangements that are practical, clear, and workable for both parents.

Here is a general, step-by-step guide to help you create a parenting plan that reflects your agreement accurately:

1. Start with key details

Begin your parenting plan with a short introduction that sets the context for the agreement. This section should include:

• Your child’s full name and date of birth
• The names of both parents and anyone else referred to in the plan, such as grandparents or step-parents
• A statement confirming the plan is made freely and voluntarily by both parents

Including these details at the start makes the plan more straightforward, providing important background information for anyone reading it in the future.

2. Organise the plan into clear sections

Breaking your parenting plan into clear sections helps keep it logical and easy to follow. Use headings for each major topic so arrangements can be quickly found and understood. Common sections include:

• Where the child lives
• Time spent with each parent
• Medical and health decisions
• Schooling and education
• How disagreements will be resolved

Clear headings make the plan more practical and reduce the risk of misunderstandings later on.

3. Be specific about parenting arrangements

When setting out the arrangements, be as clear and practical as possible. Avoid vague wording and focus on what will actually happen day to day.

For example, include details about pick up and drop off times, communication between parents and the child, and how special occasions or school holidays will be handled.

Specific arrangements are easier to follow and help both parents understand what is expected.

4. Clearly set out each parent’s responsibilities

Your parenting plan should set out both parents’ duties. To do this:

• Identify which parent has each responsibility
• Use clear and firm language that creates an obligation, such as “must” rather than “should”
• If possible, limit each responsibility to one point or paragraph

If responsibilities are unclear, disagreements are more likely to arise, and the plan may need to be revised sooner than expected.

5. Review all information

Before signing the parenting plan, both parents should carefully read through the document. Check for errors, unclear wording, or changes you were not expecting. It is much easier to fix issues before the plan is signed.

If you do not understand or feel unsure about any details, please seek professional legal advice before signing.

6. Sign and date the agreement

Once both parents are satisfied with the contents, the parenting plan must be signed and dated by both parents. This step is essential for the plan to be recognised under the Family Law Act 1975.

Changing an existing parenting plan

A parenting plan can be updated at any time, as long as both parents agree to the changes. This flexibility is one of the key benefits of a parenting plan, as it allows arrangements to evolve alongside your child’s needs and family circumstances.

Parents often review or change a parenting plan when a child gets older, starts or changes schools, or develops new routines and commitments. Other common reasons include changes to a parent’s work hours, relocation, health issues, or shifts in financial or personal circumstances that affect day-to-day care.

To modify a parenting plan, you simply need to make a new written agreement that clearly sets out the updated arrangements. The revised plan must be signed and dated by both parents to be valid.

You do not need to attend mediation or apply to the Court to update a parenting plan, provided both parents agree.

It’s crucial to record any changes in writing. This may include updates to where the child lives, how time is shared, communication arrangements, financial support, or any other practical parenting matters. A clearly documented parenting plan reduces confusion, helps prevent disputes, and gives both parents a shared point of reference.

Importantly, there is no limit on how many times a parenting plan can be changed. You can make new or updated parenting plans as often as needed to reflect what is working best for your child at each stage of their life.

Mediation and dispute resolution for parenting plans

If you and the other parent cannot agree on a parenting plan, mediation through Family Dispute Resolution (FDR) is usually the next step. FDR is designed to help separated parents resolve disagreements in a practical and child-centric manner, without immediately turning to the Court.

Mediation provides an impartial and structured setting where both parents can raise concerns, discuss options, and work towards an agreement that supports the child’s best interests. An accredited FDR practitioner guides the discussion, keeps conversations on track, and helps parents explore workable solutions rather than revisiting past conflict.

If mediation is successful, the agreed arrangements can be recorded in a new or updated parenting plan. This allows parents to move forward with clearer expectations and a more cooperative co-parenting approach.

If mediation does not resolve the dispute, or one parent refuses to participate, legal action may be necessary. In these situations, a parent may apply to the Court for parenting orders.

Parenting orders are legally binding and enforceable, and they override any previous informal agreements or parenting plans. The Court’s decisions will depend on what it deems to be in the best interests of the child.

FAQs

Who can create a parenting plan?

A parenting plan can be created by the child’s parents together, as long as both parents agree to the arrangements and sign the document. Under the Family Law Act 1975, a parenting plan must be in writing, signed, and dated by both parents to be recognised as a parenting plan.

While only parents can formally make and sign a parenting plan, other important people can be included in it. This may include grandparents, step-parents, or other carers who play a regular role in the child’s life.

For instance, a parenting plan can set out when a child spends time with grandparents or how contact with extended family is managed.

Do I need a parenting plan to get divorced?

No, you do not need a parenting plan to get divorced in Australia. A divorce and parenting arrangements are treated as separate legal issues.

However, if you have children under 18, the Court must be satisfied that appropriate arrangements are in place for them before granting a divorce. This includes information about where the children live, how they spend time with each parent, schooling, health care, and financial support.

These arrangements can be recorded in a parenting plan, a court order, or another suitable arrangement that supports the child’s welfare.

If the Court believes there is not enough information or the arrangements are unclear, your divorce application may be delayed while further details are provided.

Is a parenting plan legally binding?

No, a parenting plan is not a legally binding or legally enforceable agreement.

That said, parents can ask the Family Court to turn their parenting plan into consent orders. Once the Court makes those orders, the arrangements become legally binding and have the same legal effect as any other parenting order.

Many families choose to start with a parenting plan because of its flexibility, then move to consent orders once they are certain of the arrangements.

What happens if the other party fails to comply with a parenting plan?

If a parent does not follow a parenting plan, there are no legal penalties because parenting plans are not enforceable. The focus is usually on resolving the issue rather than punishment.

Should a problem arise, parents are encouraged to try to resolve the issue by discussion or negotiation. If that does not work, support services such as family counselling or family dispute resolution can help parents work through the issue and adjust the arrangements if needed.

In many cases, parents may agree to update the existing parenting plan or create a new one that better reflects the child’s needs or changed circumstances.

If conflict continues or the child’s well-being is at risk, a parent may choose to apply to the Court for parenting orders. At that point, the Court can make legally binding decisions based on what is in the best interests of the child.

Does a parenting plan override a court order?

No. A parenting plan does not override a court order, but it can change how an existing order operates in certain situations.

For orders made after 1 July 2006, parents can agree to vary arrangements by making a new parenting plan, unless the order specifically says it cannot be changed this way. This allows you to adjust the parenting agreement without returning to court.

If a parenting plan changes part of an existing order, the varied parts of the original order generally become unenforceable. Only the terms that are inconsistent with the new parenting plan are affected.

If parents later return to court, the judge must consider the most recent parenting plan, as long as it is in the child’s best interests. The Court will also look at how well each parent has followed the parenting plan when making new orders.

As changing court orders can have legal consequences, we strongly recommend seeking legal advice before using a parenting plan to vary an existing parenting order.

Get personalised Family Law with your parenting plan

Parenting plans have a lasting impact on your child’s routine, stability, and sense of security. While you are free to make your own agreement, obtaining legal advice before signing will help ensure the terms are clear, balanced, and truly in your child’s best interests.

At BDN, our family lawyers can review your plan, flag potential problems, and put safeguards in place so the parenting agreement works not just now, but as your child grows and circumstances change. In turn, both parents can benefit from fair arrangements, fewer misunderstandings, and peace of mind into the future.

If you are looking for support with children’s matters, contact trusted family lawyers in Canberra and Queanbeyan today.