Parenting Plans

A Parenting Plan is a written agreement that details arrangements for children if parents have separated. This agreement may be developed through the parties’ own negotiations or after successful Family Dispute Resolution (FDR).

A Parenting Plan can include anything that parents need to agree about in relation to their child, and can cover issues such as:

  • where the child will live;
  • what time a child will spend with the other parent;
  • how the child will communicate with each parent and other persons such as grandparents;
  • how parental responsibility is allocated between the parents;
  • how any future disputes will be resolved.

They can be as specific or general as the parents like but should reflect the arrangements that the parents have made either through their own negotiations or through family dispute resolution.

A Parenting Plan must be in writing, and must be dated and signed by both parents. A Parenting Plan can be changed at any time by a new Parenting Plan, as long as it is agreed to by both parents.

Unlike a Parenting Order, a Parenting Plan is not legally binding. This means that if one party breaches the Parenting Plan, the other party cannot initiate contravention or enforcement proceedings in court.

If your Parenting Plan needs to be changed and you cannot reach an agreement, you will then need to make an application in court for a parenting order. The court will consider the most recent Parenting Plan when deciding what order to make. The Court may make an order that reflects the most recent Parenting Plan, if it is in the best interests of the child.

Differences between states

Northern Territory

You should get legal advice before signing a Parenting Plan.  You can contact the Central Australian Women’s Legal Service on 1800 684 055.

Depending on where you live, alternatively you could contact the Katherine Women’s Information and Legal Service on 08 8972 1712 or 1800 620 108 or the Top End Women’s Legal Service on 08 8982 3000 or 1800 234 441.

You can also contact the Northern Territory Legal Aid Commission on 1800 019 343.

ACT

Information about Parenting Plans is available from Relationships Australia.  You can also contact the Family Relationships Centre.

Western Australia

For more information on parenting plans, you can visit the Women’s Legal Centre WA or Legal Aid WA.

NSW

You should get legal advice before signing a parenting plan. You can contact Women’s Legal Services New South Wales on 02 8745 6988 or 1800 801 501, or the South West Sydney Legal Centre advice line on 02 9601 7777 for legal advice and referrals.

Victoria

You should get legal advice before signing a parenting plan. You can contact Women’s Legal Service Victoria or Victoria Legal Aid for advice.

South Australia

You should get legal advice before signing a parenting plan. You can contact Women’s Legal Service South Australia on 08 8221 5553 or 1800 670 864 for legal advice and referrals.

Tasmania

You should get legal advice before signing a parenting plan. You can contact Women’s Legal Service Tasmania on 1800 682 468 for legal advice and referrals.

Queensland

You should get legal advice before signing a parenting plan. You can contact Women’s Legal Service Queensland on 07 3392 0670 or 1800 677 278 (outside Brisbane) for legal advice and referrals.