The what, when and how of Parenting Plans to promote healthy co-parenting – Part One
Published on August 29, 2025 by Paul Lewis
In the first of a two-part series of articles, our Family and Relationships Law expert, Paul Lewis looks at Parenting Plans and explains what they are. [3 minute read].
A Parenting Plan is often an efficient and effective way for parents to record their agreement about arrangements for their child or children after the breakdown of a relationship.
Regarded by some lawyers as the poor cousin to parenting orders, Parenting Plans have advantages when compared to parenting orders, which explains their long-standing presence in the Family Law Act, and their common use, especially, in family mediation and family dispute resolution.
There is one potential disadvantage, when compared to parenting orders, so it is a case of parents after separation (“co-parents”) having a choice as to which pathway may best suit them when looking to document their agreed arrangements for their child or children.
What is a Parenting Plan?
A parenting plan is defined under the Act as an agreement that is in writing, is or was made between the parents of a child, is dated and signed by the parents of the child and deals with one or more of the following matters:
(a) the person or persons with whom a child is to live;
(b) the time a child is to spend with another person or other persons;
(c) the allocation of parental responsibility for a child;
(d) if 2 or more persons are to share parental responsibility for a child—the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;
(e) the communication a child is to have with another person or other persons;
(f) maintenance of a child;
(g) the process to be used for resolving disputes about the terms or operation of the plan;
(h) the process to be used for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan; (i) any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.
[Refer to section 63C(2).]
Other features of a Parenting Plan
- A parenting plan may be varied or ended (‘revoked’) by further written agreement (refer to s63D.) This means that parenting plans are designed to be “user friendly”, that is, co-parents can vary their written agreements to take account of the changing needs of growing children, without having to engage a lawyer to do the drafting for them or without having to submit a fresh application for consent orders to the Court to achieve a legally binding variation of a parenting order that has become out of date.
- A parenting plan is not registered with a Court and less ‘red tape’ saves time and money.
- A parenting plan may include child support provisions (refer to s63CAA). If parents negotiate and arrive at a parenting plan at mediation or family dispute resolution, they will usually have discussed arrangements for the ongoing financial support of the child. A parenting plan can therefore be included in one written document that also contains a limited child support agreement (which does not require the input or certification of lawyers) or a binding child support agreement (which does require that each party receive independent legal advice, which is certified by each lawyer.)
- A parenting plan can sit alongside a parenting order if that is agreed. How? The parenting plan can deal with one or more things (for example, the allocation of parental responsibility and spend time arrangements of the child) and the parenting order can deal with other things (for example, the child’s living arrangements and the child’s overseas travel with their parents or others.)
- A parenting plan can be used to vary an earlier parenting order (refer to s64D) unless the Court in the parenting order, because of exceptional circumstances, includes in the parenting order that the parenting order may only be varied by a subsequent order of the Court (and not by a parenting plan.) Exceptional circumstances are defined to include:
(a) circumstances that give rise to a need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence;
(b) the existence of substantial evidence that one of the child’s parents is likely to seek to use coercion or duress to gain the agreement of the other parent to a parenting plan.
The last feature in the above list was introduced into the Act as part of the 2006 amendments to the parenting provisions, in recognition of a general encouragement that:
(a) parents after separation or divorce should try and reach agreement about parenting arrangements for their children; and
(b) in reaching their agreement, the parents regard the best interests of the children as the paramount consideration.
Today these objects are expressed within section 63B of the Act, that states:
63B Parents encouraged to reach agreement
The parents of a child are encouraged:
(a) to agree about matters concerning the child; and
(b) to take responsibility for their parenting arrangements and for resolving parental conflict; and
(c) to use the legal system as a last resort rather than a first resort; and
(d) to minimise the possibility of present and future conflict by using or reaching an agreement; and
(e) in reaching their agreement, to regard the best interests of the child as the paramount consideration.
This article was published on 29 August by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact Us page on our website.
