When parents separate, one of the most important issues to resolve is how to care for their children moving forward. While many assume the Family Court is the only path, the truth is you can often resolve parenting arrangements privately, without the need for litigation.

A Parenting Plan allows you to reach an agreement with the other parent on how you will share parenting responsibilities. It helps create structure, reduce confusion, and put your child’s best interests first, without the stress, cost, or delays of going to court.

What Is a Parenting Plan?

A Parenting Plan is a written agreement between two parents that sets out the care arrangements for their child or children after separation. It’s governed by the Family Law Act 1975, which encourages separated parents to resolve matters through cooperation and agreement, rather than conflict.

A Parenting Plan can cover:

  • Living arrangements (who the child lives with and when)
  • Contact time with each parent
  • Schooling, medical decisions, religion, and cultural considerations
  • Holiday and special occasion arrangements
  • Communication methods between parents and with the child
  • Dispute resolution steps if problems arise in the future

Although not legally enforceable on its own, a Parenting Plan reflects the parents’ shared intentions and can later be turned into Consent Orders to give it legal effect.

What Should You Include in a Parenting Plan?

Every family situation is different, but effective Parenting Plans are clear, detailed, and realistic. Topics to consider include:

  • Where the child will live and how time is divided between each parent
  • Handover logistics – school pickups, drop-offs, or neutral meeting places
  • Communication guidelines – preferred methods, frequency, and boundaries
  • Decision-making processes for education, healthcare, and extracurricular activities
  • Special occasions – how birthdays, Christmas, or school holidays will be shared
  • Changes and flexibility – how future modifications can be discussed

Write in plain English and avoid legal jargon. The more specific your plan, the easier it will be to follow, and the less likely disputes will arise.

How to Start the Conversation with the Other Parent

Starting the conversation can be one of the most emotionally difficult parts, especially if tensions are high. Here are some tips:

  • Choose a neutral location to meet, or consider an online discussion
  • Keep the focus on the child’s needs, not past grievances
  • Use respectful language and be willing to compromise
  • Prepare a list of topics ahead of time
  • If communication is strained, consider mediation or legal assistance

Using Mediation to Reach an Agreement

If you’re struggling to find common ground, Family Dispute Resolution (FDR) may help. FDR is a form of mediation specifically for separated parents. It’s facilitated by a trained, neutral third party who helps guide the discussion and keep things respectful.

FDR is:

  • Confidential (with some exceptions for safety concerns)
  • Faster and more affordable than court proceedings
  • Often a required step before filing parenting applications in court

Putting the Parenting Plan in Writing

Once agreement is reached, it’s important to put everything in writing. While there’s no set legal format for a Parenting Plan in Australia, it must:

  • Be in writing
  • Be signed and dated by both parents
  • Clearly outline the parenting arrangements

You can write the plan yourselves or engage a family lawyer to help ensure clarity and consistency. It’s also helpful to keep multiple copies and update the plan as circumstances evolve (e.g., as the child grows older, starts school, or if one parent relocates).

Turning a Parenting Plan Into Consent Orders

If you want your Parenting Plan to be legally enforceable, you can apply to the Family Court for Consent Orders. These are court orders that formalise your agreement and make it binding.

This process:

  • Does not usually require a court hearing
  • Involves submitting your signed agreement to the court
  • Results in legally binding orders if the court agrees that the arrangements are in the child’s best interests

Once in effect, Consent Orders carry legal consequences if breached. They are often used when parents want additional legal certainty or are concerned that the other party may not follow the plan.

Final Thoughts: A Cooperative Path Forward

Creating a Parenting Plan without going to court gives families more control, flexibility, and peace of mind. It can reduce conflict, support healthy co-parenting, and keep the focus on what matters most—your child’s well-being.

Whether you need help drafting the plan, negotiating through mediation, or converting it into legally binding Consent Orders, the team at Maatouks Law Group is here to support you.