Sorting out parenting arrangements after a separation isn’t easy, but a parenting plan can make things a little clearer and calmer for everyone involved. So, what is a parenting plan?

It’s a flexible written agreement that covers things like where the kids live, how decisions are made and how both parents stay involved, without needing to go to court. While not legally binding, it can still carry weight if disputes arise, and it’s a helpful way to keep things on track. 

Read on to learn how parenting plans work in Australia and how they can support a more peaceful co-parenting setup.

Quick Overview: What Is a Parenting Plan?

A parenting plan is a written agreement between parents outlining the care arrangements for their children after separation. It covers practical aspects like living arrangements, decision-making, communication and financial responsibilities.

Parenting plans are flexible, made by agreement without going to court and can be adjusted over time. Although not legally enforceable like a court order, they provide a strong framework that the court may consider if disputes arise.

What Does a Parenting Plan Include?

A well-prepared parenting plan covers key aspects of a child’s upbringing and daily life, such as:

• Living Arrangements: Where the child will live and how time will be divided between parents.
• Communication: How the child will communicate with the parent they’re not living with (calls, video chats, etc.).
• Education: Decisions about schooling and extracurricular activities.
• Healthcare: How medical decisions and health insurance matters will be handled.
• Financial Support: Arrangements for day-to-day expenses, beyond formal child support.
• Special Occasions: Plans for birthdays, holidays and cultural events.
• Travel: How interstate or overseas travel with the child will be managed.

Parenting plans can be as detailed as necessary to avoid misunderstandings later.

Is a Parenting Plan Legally Binding?

Under Australian family law, a parenting plan itself is not legally enforceable like a parenting order made by the court. However, it can still have significant legal weight.

• If the matter ends up before a judge later, the court may consider the parenting plan when making decisions.
• Parents who want to make the terms legally enforceable can apply to have the agreement turned into consent orders.

Choosing whether to keep a parenting plan informal or formalise it depends on the circumstances and level of trust between the parents.

Benefits of Having a Parenting Plan

Creating a parenting plan offers several important advantages, including:

1. Prioritising the Child’s Best Interests

A parenting plan focuses on meeting the child’s emotional, physical and developmental needs, reducing the impact of separation.

2. Minimising Conflict

By clearly setting out responsibilities and expectations, parenting plans help prevent misunderstandings and disputes.

3. Flexibility and Cooperation

Unlike rigid court orders, parenting plans allow parents to adjust arrangements by mutual agreement as children grow and circumstances change.

4. Reducing Stress and Legal Costs

Handling parenting matters through mutual agreement reduces the need for expensive, stressful litigation.

How to Create a Parenting Plan

While parenting plans are less formal than court proceedings, it is still wise to approach the process carefully.

1. Discuss and Agree

Parents can work together to create a parenting plan without needing to go to court. Open communication is key.

2. Seek Mediation if Necessary

If parents struggle to agree, family dispute resolution (FDR) services can assist through mediation. A neutral mediator helps parents reach agreements focused on the child’s best interests.

3. Draft the Plan

Once agreement is reached, the parenting plan should be written clearly and specifically to avoid any confusion later.

4. Get Legal Advice

While not required, seeking legal advice can help ensure the plan is fair, workable and protects everyone’s rights. A lawyer can also explain how to turn the plan into consent orders if you want it to be legally enforceable.

5. Review Regularly

As circumstances change, parents should review and update the plan as needed to reflect new realities.

Tip: Always date and sign the parenting plan to confirm mutual agreement.

Parenting Plan vs Parenting Orders: What’s the Difference?

A parenting plan is an agreement between parents that is highly flexible, low-cost and not legally enforceable. It can be changed at any time by mutual agreement. 

In contrast, a parenting order is legally enforceable by the court, created either through court imposition or by consent and requires a formal process to change. Obtaining a parenting order often involves court proceedings, which can be costly.

A parenting plan offers a good starting point, but when serious disputes exist, parenting orders may be necessary.

Common Challenges with Parenting Plans

While parenting plans are useful, they can sometimes present challenges, such as:

• Communication Breakdowns: Difficulty cooperating can undermine the plan.
• Non-Compliance: Because they aren’t legally binding, enforcement relies on good faith.
• Changing Circumstances: Parents may need to renegotiate arrangements as children’s needs evolve.

Having clear wording and revisiting the plan regularly can help address these issues early.

FAQs – Parenting Plans in Australia

Do I need a lawyer to make a parenting plan? No, but it is highly recommended to seek legal advice to ensure your parenting plan covers all important aspects and protects your rights.

Can we change our parenting plan? Yes, parents can mutually agree to change the parenting plan at any time without going to court.

What happens if one parent does not follow the parenting plan? Since a parenting plan is not legally binding, you may need to seek mediation or apply for parenting orders to enforce arrangements.

Is a parenting plan required for divorce? Not necessarily, but courts encourage parents to make proper parenting arrangements when finalising divorces involving children.

Why Choose Johnsons Law Group for Parenting Plan Matters?

At Johnsons Law Group, we understand how sensitive and important parenting arrangements are for families. Our experienced family lawyers can help you:

• Draft a clear, practical parenting plan tailored to your family’s needs.
• Navigate mediation and dispute resolution processes.
• Convert parenting plans into legally binding consent orders if necessary.
• Protect your rights while prioritising your child’s best interests.

We are committed to helping families move forward with confidence, clarity and compassion.

Protect Your Family’s Future – Contact Johnsons Law Group Today

If you’re navigating parenting arrangements after separation, having a well-prepared parenting plan is crucial. Let Johnsons Law Group assist you in crafting a plan that protects your child’s wellbeing and secures your parental rights.

Call Johnsons Law Group today on 02 9600 7277 or visit our Contact Us page to book a confidential consultation. Let us help you move forward with peace of mind.