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.

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 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.

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.