Family Law Services

A parenting plan is a written agreement between parents that outlines the agreed care arrangements for their children. These plans are particularly beneficial for parents with young children or in situations where future circumstances may change. By documenting arrangements in writing, both parents can clearly understand their roles and responsibilities. The parenting plan details important aspects such as the amount of time each parent spends with the children, where the children will live, how parental responsibility is allocated, how parents and children will communicate, and the steps for resolving disputes about the children’s living arrangements in the future. This clarity helps to minimise misunderstandings and provides a practical framework for co-parenting. Parents have the flexibility to create a parenting plan at any stage following separation. However, it is important to note that a parenting plan is not a legal document filed with the Federal Circuit and Family Court of Australia. As a result, it cannot be the basis for an application for contravention, and is therefore not enforceable by the court.

Although a parenting plan does not require drafting by a family lawyer, seeking legal advice can be beneficial. Legal guidance helps ensure that the plan’s arrangements serve the best interests of the child and comply with relevant legal standards. If parents reach a parenting agreement outside of court, they can choose to formalise it legally by applying for consent orders from the Federal Circuit and Family Court of Australia. The Court will review the agreement and, if satisfied that its terms promote the child’s best interests, will issue orders to enforce it. Once made, these parenting orders are legally binding and remain in effect until the child turns 18 years old. Having legally binding parenting orders in place makes it significantly easier and more cost-effective to resolve any future disputes about parenting arrangements.