What is a Parenting Plan?

A parenting plan is simply a written, signed and dated agreement between parents (or other carers) that sets out arrangements for a child. Section 63C of the Family Law Act 1975 (Cth) defines it this way and lists the matters it can cover, such as where the child lives, time with each parent, decision-making, communication and dispute-resolution pathways. Crucially, the agreement must be made free from threat, duress or coercion.

Why Does the Law Encourage Parenting Plans?

Parliament wants parents to take responsibility for their own arrangements instead of rushing to court. Section 63B expressly encourages parents to agree on children’s matters, minimise conflict and treat court as a last resort. By working together, you model healthy problem-solving for your child and preserve scarce family resources.

Key Advantages for Your Family

• Flexibility – Plans can be customised to school timetables, cultural events and work rosters instead of fitting into a one-size-fits-all court order.
• Lower conflict and cost – Agreement reached through mediation or negotiation avoids filing fees, affidavits and adversarial cross-examination.
• Easy to update – Section 63D allows parents to vary or revoke a plan at any time by another written agreement, so the arrangements can grow with your child’s needs.
• Positive co-parenting culture – Advisers (lawyers, counsellors, mediators) are legally required to remind parents of the child’s best interests and the option of a parenting plan (s 63DA).

Core Topics Every Parenting Plan Should Cover

1. Living arrangements – Nominate the child’s primary home, school-week schedule, holidays and special occasions (birthdays, Mother’s/Father’s Day).
2. Time with each parent – Specify pick-up/drop-off times, transport responsibilities and what happens if someone is running late.
3. Communication – Agree on phone or video calls, messages and how parents will update each other about the child.
4. Major decisions –  Outline how you will consult on education, health care, religion and extra-curricular activities.
5. Financial extras – Child support is generally assessed administratively, but you can record agreements about things like sports fees or private health costs.
6. Travel and passport – Clarify consent needed for interstate or overseas trips and who holds the passport.
7. Dispute resolution – Nominate a family dispute resolution (FDR) service or mediator if issues arise before anyone files in court (s 60I requires FDR in most cases).
8. Review dates – Build in regular reviews (for example, each December or when the child starts secondary school) so the plan stays relevant.

Is a Parenting Plan Enforceable?

A plan is not automatically enforceable. That informality is deliberate—it lets parents stay in control. However:

• Weight in court – If  litigation later becomes necessary, the Federal Circuit and Family Court must consider the most recent parenting plan when making parenting orders (s 65DAB).
• Converting to orders – You can file an Application for Consent Orders and ask the court to turn the agreement into binding parenting orders. Once sealed, breach can attract penalties.
• Subject to future plans – Existing parenting orders are taken to include a clause that they can be varied by a later parenting plan unless the court has said otherwise (s 64D).

Parenting Plan Versus Parenting Order – the Practical Differences

• Formality – A plan is an informal agreement; an order is a court document.
• Enforceability –  Orders can be enforced and contravened; plans rely on goodwill unless converted.
• Cost and speed –  Drafting a plan with a lawyer-mediator is generally quicker and far cheaper than a defended hearing.
• Flexibility – A plan can be rewritten overnight; changing an order requires a fresh application or consent minutes filed with the registry.

The Best-Interests Principle Still Applies

Even though parents draft the plan, the child’s best interests must remain paramount (s 60CA). When you design your schedule, keep in mind the primary considerations under s 60CC(2):

• the benefit of the child having a meaningful relationship with both parents, and
• the need to protect the child from harm.

If family violence or safety concerns exist, obtain advice on suitable safeguards—such as supervised changeovers or limited contact—before signing anything.

How to Register or Vary a Parenting Plan

Most families keep the plan private. If you later want enforceability, you can:

1. Apply for consent parenting orders – lodge draft orders mirroring the plan; the court will seal them if satisfied they are in the child’s best interests.
2. Register an old plan – Only plans registered under the pre-2003 regime remain on the Register today (s 63DB), but you may still revoke a registered plan by agreement and register the revocation (s 63E).
3. Write a new plan – Any time circumstances change, sign a fresh plan (s 63D). If agreement proves impossible, FDR is usually compulsory before filing for variation orders.

Why Professional Legal Advice Matters

• Ensures your document meets all technical requirements of s 63C so it will stand up if later filed.
• Spots common gaps—school fees, medical consent, relocation scenarios—that can derail informal agreements.
• Drafts clear language that can be lifted straight into consent orders if you ever need court enforceability.
• Confirms the plan aligns with the best-interests factors and does not conflict with any existing family-violence order.