When a relationship ends, one of the most difficult questions is how you and the other parent will care for your children going forward. A parenting plan is one way to set those arrangements down in writing. It is a practical and flexible option that many separated parents in Australia use to bring greater certainty to everyday life.
This guide explains what a parenting plan is, whether it is legally binding, what to include, how to make one, and how it compares with consent orders. The most important point to understand at the outset is this: a parenting plan is a written agreement between parents, but it is not a legally enforceable court order.
What is a parenting plan?
A parenting plan is a written agreement between parents about the arrangements for their children following separation. Under section 63C of the Family Law Act 1975, it must be in writing, signed and dated by both parents, and made free from any threat, duress or coercion.
Parents usually make a parenting plan once they have separated and can agree, at least in general terms, on how the children will be cared for. You do not need to go to court to make one, and you do not need a lawyer to prepare it, although legal advice can help you avoid arrangements that are difficult to change later.
A parenting plan can cover as much or as little as you require. Some parents record a full weekly routine, while others focus on the key points and leave room for flexibility.
Is a parenting plan legally binding?
No. A parenting plan is not legally enforceable. If one parent does not follow it, there are no automatic legal consequences. This is the main difference between a parenting plan and consent orders or parenting orders made by a court.
This does not mean a parenting plan lacks value. It records what both parents agreed to and why, and a court can take an existing parenting plan into account in any later proceedings about the children. It is a genuine record of your intentions, though not an order the court will enforce.
This trade-off is worth understanding. A parenting plan is flexible and low cost, and it can be updated whenever both parents agree. What it does not provide is the certainty of an enforceable order.
What to include in a parenting plan
A well-prepared parenting plan usually covers:
- Living arrangements: where the children live and how their time is shared between both parents.
- Time with each parent: the regular routine, together with school holidays, birthdays and special occasions such as Christmas.
- Communication: how the children will stay in contact with the parent they are not with, for example by phone or video call.
- Parental responsibility: how you will share decisions on major long-term issues such as schooling, health and religion.
- Practical details: changeover arrangements, travel, and how the children’s other activities will be managed.
- Changing the plan: how you will handle disagreements and update the arrangements as the children grow.
You do not need to include everything. Focus on the areas most likely to cause confusion or disagreement, and keep the wording clear.
What to include in a parenting plan
Making a parenting plan generally involves three steps: discuss and agree on the arrangements, set them out in writing, then both parents sign and date the document.
Parents usually reach a parenting plan in one of three ways:
- By agreement between yourselves, where you are able to discuss matters directly.
- Through family dispute resolution or mediation, where an accredited practitioner helps you work towards agreement.
- With a lawyer’s assistance, to prepare the plan and ensure it is clear and workable.
Family dispute resolution is generally required before you can apply to a court for parenting orders, though there are exceptions, including where there are concerns about family violence or safety. A family lawyer can help you understand whether an exception may apply to your circumstances.
What does a parenting plan look like?
A parenting plan is usually a straightforward document with a heading for each area you have agreed on, such as living arrangements, time with each parent, communication, decision-making, and how the plan may be changed. Under each heading you set out what you have agreed in plain language, and both parents then sign and date it.
There is no single official form you must use. Because every family is different, a plan that reflects your circumstances is far more useful than a generic template. If you would like assistance preparing one, it is worth speaking with a family lawyer who can tailor the wording to your family.
How much does a parenting plan cost?
A parenting plan that you prepare and agree between yourselves has no set cost. Expenses generally arise only if you use family dispute resolution, or ask a lawyer to help prepare or review the plan.
Costs depend on your circumstances and the level of assistance you need, so there is no fixed price. At Hebblewhite Lawyers, we explain the likely process and costs as clearly as possible, and offer upfront pricing where the nature of the work allows, so you can decide how to proceed with a clear understanding of what is involved.
Parenting plan or consent orders: which is right for your family?
Both options record parenting arrangements, but they operate differently.
| Parenting plan | Consent orders | |
| Made by | Agreement between parents | Agreement, then approved by the court |
| Legally enforceable | No | Yes |
| Flexibility | Easy to change by agreement | Changed only by a further court order or a later plan |
| Cost to formalise | Often none | Court filing process, usually with legal help |
How the 2024 family law changes affect parenting arrangements
On 6 May 2024, significant changes to the Family Law Act took effect. The former presumption of “equal shared parental responsibility” was removed, and the list of factors a court uses to decide a child’s best interests was simplified, with a clearer focus on safety.
In practice, decisions about children continue to be guided by what is in each child’s best interests, rather than by any starting assumption about equal time or equal decision-making. If you are preparing a parenting plan now, it is worth understanding how the 2024 family law reforms may apply to your situation.
How Hebblewhite Lawyers can help
Reaching parenting arrangements after separation is rarely simple. We assist parents across Newcastle, Maitland, Forster and wider NSW to reach clear, workable arrangements, and we can advise whether a parenting plan or consent orders better suit your circumstances. If it helps to see how time might be shared, our guide to child custody schedules by age is a useful starting point.
Frequently asked questions
No. A parenting plan is a written agreement, but it is not legally enforceable. To make arrangements enforceable, parents can apply to the court for consent orders.
A parenting plan on its own is not legally binding. To make the arrangements enforceable, both parents can apply to the court for consent orders. If the court approves them, they become parenting orders that are legally enforceable.
Yes. Because a parenting plan is not a court order, it can be changed at any time without going to court, provided both parents agree and the revised plan is in writing, signed and dated.
No, you can make a parenting plan without a lawyer. Legal advice can still be valuable, particularly if your situation is complex or you wish to understand how the arrangements might work in practice.
Because a parenting plan is not enforceable, there are no automatic legal consequences. However, a court can consider an existing parenting plan in any later proceedings about the children.
A parenting plan is an agreement that is not enforceable. Consent orders are approved by the court and are legally enforceable, so consequences may follow if they are breached.
Speak with a family lawyer about your options
You do not need to have every answer before speaking with a family lawyer. If you would like assistance reaching a workable parenting arrangement, or want to understand whether a parenting plan or consent orders suit your situation, speak with Hebblewhite Lawyers about your options. We work with families across NSW, with phone and video consultations available.
