Key takeaway: A parenting plan is a written, signed agreement between separated parents covering living arrangements, time with each parent, decision-making and more. It is not legally enforceable on its own, but a court will consider it. To make arrangements binding, they can be formalised as consent orders. Mediation is the best way to reach a workable, child-focused plan.
What is a parenting plan?
A parenting plan is a voluntary, written agreement between separated parents that sets out the practical arrangements for their children. It must be dated and signed by both parents. Unlike a court order, it's flexible and cooperative — the parents decide the terms themselves rather than having them imposed.
The Family Relationships Online encourages parents to reach their own arrangements wherever it's safe to do so, because plans the parents design together tend to work better and last longer than ones handed down by a court.
Want a parenting plan that genuinely works for your kids? Our mediators help you build one. Book a consultation.
Book a free consultation →What should a parenting plan include?
A thorough plan covers the realities of raising children across two homes:
- Living arrangements — where the children live and the day-to-day routine
- Time with each parent — weekdays, weekends, and how changeovers happen
- Holidays and special days — school holidays, birthdays, Christmas, cultural and religious occasions
- Decision-making — how major long-term decisions (school, health, religion) are made
- Communication — between the parents, and between each parent and the children
- Travel — including interstate and overseas
- Dispute resolution — agreeing to return to mediation before court if disagreements arise
Our parenting plan template guide walks through each element in detail.
Is a parenting plan legally binding?
This is the most important thing to understand: a parenting plan is not directly legally enforceable. If one parent doesn't follow it, you can't take them to court for "breaching" it the way you could with an order. However, it's far from worthless — if a parenting dispute later goes to court, the court will consider the most recent parenting plan and the arrangements in it. To make arrangements enforceable, you formalise them as consent orders.
Parenting plan vs parenting order
| Feature | Parenting plan | Parenting order |
|---|---|---|
| Made by | The parents, by agreement | The court |
| Legally enforceable? | No | Yes |
| Flexibility | High — change anytime by agreement | Lower — needs court to vary |
| Cost | Low (especially via mediation) | Higher |
| Considered by a court later? | Yes | It is the order |
Putting the child's best interests first
Under the Family Law Act 1975, the child's best interests are the paramount consideration in all parenting matters. A good plan focuses on the children's needs — stability, safety, and meaningful relationships with both parents where safe — rather than on what each parent "wants". Keeping that focus is also what makes mediation so effective for parenting: it shifts the conversation from conflict to the children. See parenting plan mediation →
Mediation keeps the focus on your children, not the conflict. Talk to a child-focused mediator today.
Book a free consultation →Changing a parenting plan
One of the plan's strengths is flexibility. As children grow and circumstances shift, you can update the plan at any time — the new dated, signed version simply supersedes the old one. If you can't agree on a change, returning to mediation is far better than heading to court. Where arrangements are in consent orders instead, changing them requires either a fresh agreement or a court application.
How to agree one through mediation
For most separated parents, mediation is the ideal way to create a parenting plan. A neutral mediator helps you work through each element, keeps the discussion child-focused, and ensures nothing important is missed. For parenting matters, family dispute resolution is generally a required step before court anyway, per the {('Attorney-General')}'s framework — so starting with mediation puts you ahead. See how to prepare →