What is a parenting plan?
A parenting plan is a written agreement made under the Family Law Act 1975 between the parents of a child. It covers how parenting responsibilities will be shared — including where the child lives, time with each parent, education, health, and communication. It does not need to be filed with a court.
How a parenting plan is made at mediation
If parents reach agreement during mediation, the key terms are typically summarised in writing before the session ends. Both parents sign the document at the conclusion of the session. This summary then becomes the parenting plan — or the basis for a more detailed plan prepared by a family lawyer.
Some FDRPs assist parties in drafting the plan during the session; others provide a record of agreement that the parties then take to lawyers to formalise. Discuss with your FDRP what documentation they provide at the end of a session.
Is a parenting plan legally binding?
A parenting plan is not a court order — it cannot be directly enforced through the court if one parent breaches it. However:
- If one parent consistently departs from the parenting plan, the court can take this into account in subsequent proceedings
- A parenting plan can be used as the basis for consent orders, which are legally enforceable
- A later parenting plan supersedes an earlier one under the Family Law Act
Parenting plan vs consent orders — which is better?
| Parenting plan | Consent orders | |
|---|---|---|
| Requires court filing? | No | Yes |
| Legally enforceable? | No — good faith only | Yes — court order |
| Cost to create? | Low | Moderate (legal drafting + filing fee ~$195) |
| Best for? | Cooperative parents; arrangements likely to change | Where certainty and enforceability are needed |
Our guide to parenting plans in Australia covers what to include and when to upgrade to consent orders.
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