About the Author
Alex Bourne
Published on March 11, 2025
When parents separate, one of the biggest challenges is figuring out how to co-parent effectively. From deciding where the children will live to how major decisions will be made, these discussions can quickly become overwhelming—especially if tensions are high. A parenting plan can help separating parents establish clear parenting arrangements without the stress of going to court.
A well-structured parenting agreement can help prevent issues like parental alienation, miscommunication, one parent refusing to cooperate, or unnecessary conflict by setting out clear expectations and ensuring both parents remain actively involved in their child’s life.
That’s why our family lawyers in Sydney have put together this guide to help you understand parenting plans, how they work under family law, and how they can be tailored to meet the best interests of your children. Whether you’re working through a peaceful separation or dealing with disputes, knowing your rights and responsibilities under the Family Law Act can make all the difference.
What is a parenting plan?
A parenting plan is a written agreement between separating parents that outlines how they will share parental responsibility and care for their children after separation. It’s a flexible and informal way for parents to set clear expectations without needing to go to the family court.
Unlike court orders, a parenting plan is not a legally enforceable agreement, but it can be a useful tool in maintaining family relationships and reducing disputes. If parents later want their parenting agreement to be legally binding, they can apply for consent orders through the family court.
A well-thought-out parenting plan covers key aspects of parenting arrangements, including where the children will live, how they will spend time with each parent, and how major decisions about their welfare, education, and development will be made. It can also include arrangements for grandparents, extended family, and practical considerations such as school schedules and holidays.
While a parenting plan is based on what the parents agree to, it should always reflect the best interests of the children.
When do you need a parenting plan?
A parenting plan is helpful for any separating parents who want to create clear parenting arrangements without going to court. While it’s not always legally required, having a written agreement can prevent misunderstandings and reduce disputes between parents.
You may need a parenting plan if:
- You and your former partner want to set clear expectations about parental responsibility and how your children will spend time with each parent.
- You prefer a flexible agreement that can be adjusted as your family circumstances change.
- You want to document care arrangements for practical issues like school schedules, holidays, and medical decisions.
- You want to minimise conflict and avoid the stress and cost of court orders.
If disagreements arise, a parenting plan can serve as a reference point and may help in resolving disputes. However, if one parent refuses to follow the agreement, you may need to apply for consent orders to make the terms legally enforceable.
What does a parenting plan do?
A parenting plan sets out clear parenting arrangements to help separating parents navigate co-parenting without unnecessary conflict. While it isn’t a legally enforceable agreement, it serves as a structured guide for how both parents will share parental responsibility and make decisions about their children.
A well-structured parenting agreement can:
- Outline where the children will live and how they will spend time with each parent.
- Set expectations for major decisions, such as school, healthcare, and religious upbringing.
- Establish guidelines for communication between parents and with the children.
- Address practical considerations, like holidays, birthdays, and involvement of extended family.
By putting everything in writing, a parenting plan reduces uncertainty and helps prevent disputes between parents. If circumstances change, the agreement can be updated as long as both parents agree.
Parenting plans and the law
A parenting plan is recognised under the Family Law Act, but it is not a legally enforceable agreement. This means that if one parent does not follow the agreement, the family court cannot enforce it like a parenting order. However, if disputes arise later, the court may consider the parenting plan as evidence of what the parents had originally agreed to.
For a parenting plan to carry legal weight, parents can apply for consent orders through the family court. Unlike a parenting plan, consent orders are legally binding, meaning there can be serious consequences if one parent does not comply.
What to consider when making a parenting agreement
When making a parenting plan, the most important factor is the best interests of the children. The agreement should focus on creating a stable, supportive environment while allowing both parents to remain actively involved.
Key considerations include:
- Living arrangements – Where will the children live, and how will they spend time with each parent?
- Decision-making – How will major decisions about school, healthcare, and religious upbringing be handled?
- Parental communication – How will parents communicate about important matters affecting the children?
- Extended family – Will grandparents and other relatives have regular contact?
- Holidays and special occasions – How will time be shared for birthdays, school holidays, and celebrations?
- Flexibility and future changes – How will the agreement adapt to changing family circumstances?
A well-thought-out parenting agreement can help prevent disputes and reduce stress for both parents and children.
Who should have a parenting plan?
A parenting plan is beneficial for any separating parents who want to create clear parenting arrangements without needing to go to court. It is especially useful when parents can communicate effectively and agree on key aspects of their child’s care.
A parenting agreement can be helpful for:
- Separated or divorced parents who want to avoid family court but still establish clear expectations.
- Unmarried parents who need to outline parental responsibility and how their children will spend time with each parent.
- Parents in high-conflict situations who want a structured approach to reduce misunderstandings.
- Families involving extended family members, such as grandparents, who play a role in the child’s care.
Even if parents get along well, having a written agreement can help prevent future disputes and provide a clear reference point for both parties.
What to include in the parenting plan
A parenting plan should cover all aspects of parenting arrangements to ensure both parents understand their responsibilities and expectations. While every family’s circumstances are different, a well-structured parenting agreement should include:
- Living arrangements – Where the children will live and how they will spend time with each parent.
- Parental responsibility – How major decisions about the children’s education, healthcare, and general welfare will be made.
- School and extracurricular activities – Who will handle school-related matters and transport for activities.
- Communication – How and when the children will communicate with the other parent, including phone calls and video chats.
- Holidays and special occasions – How birthdays, school holidays, and important events will be shared.
- Relocation – What happens if one parent wants to move to another city or state.
- Conflict resolution – How disagreements between parents will be handled to avoid unnecessary court involvement.
If you’re unsure how to structure your agreement, you can talk to a custody attorney at our family law firm.
Common challenges in parenting plans
Even with the best intentions, parenting plans don’t always go smoothly. Disputes can arise over parenting arrangements, changes in family circumstances, or one parent not following the agreement. Some common challenges include:
- Parental alienation – When one parent tries to turn the children against the other parent, damaging the parent-child relationship. A well-structured parenting plan can help prevent this by ensuring both parents remain involved.
- Lack of communication – Misunderstandings about school schedules, medical decisions, or handover times can cause unnecessary conflict.
- Changes in circumstances – A parent may relocate, change work schedules, or have new commitments that make the existing agreement difficult to follow.
- Disagreements about major decisions – Parents may struggle to agree on matters like education, healthcare, or religious upbringing.
- Non-compliance with the plan – If one parent doesn’t follow the parenting plan, the other may need to seek legal advice or apply for consent orders to make the agreement legally binding.
If conflicts arise, a family dispute resolution practitioner can help parents work through issues before considering going to court. Keeping the best interests of the children at the heart of all decisions is key to making a parenting agreement work.
FAQs
Is a parenting plan legally binding?
No, a parenting plan is not a legally enforceable agreement. However, if both parents want to make it legally binding, they can apply for consent orders through the family court.
What is the difference between a parenting plan and a consent order?
A parenting plan is a written agreement between parents that outlines parenting arrangements, but it is not legally enforceable. A consent order, on the other hand, is approved by the family court, making it legally binding.
Can a parenting plan be changed?
Yes, parents can update a parenting plan if both agree to the changes. If one parent refuses, the other may need to seek mediation or apply for a parenting order through the family court.
How can I make sure my parenting plan works smoothly?
A successful parenting agreement requires clear communication, flexibility, and a focus on the best interests of the children. If issues arise, a family dispute resolution practitioner can help in resolving disputes.
How Unified Lawyers Can Help
Creating a parenting plan that works for both parents and prioritises the best interests of your children can be challenging, especially when emotions run high. Whether you’re drafting a new parenting agreement, dealing with disputes, or concerned about parental alienation, our experienced family lawyers in Sydney are here to help.
At Unified Lawyers, we understand that every family situation is unique. Our team can guide you through the process, whether that means helping you negotiate a written agreement, assisting with family dispute resolution, or applying for consent orders to make your arrangements legally binding.
If you’re facing difficulties with a former partner, struggling with parenting arrangements, or need advice on your legal rights, we’re just a call away. Get in touch today for expert guidance and support in securing the best outcome for you and your children.
Call us on 1300 667 461 or book a consultation online using the button below.
Published on March 11, 2025
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