Parenting Plan Template

What is a parenting plan?

A parenting plan is a written plan setting out parenting arrangements for children after separation. It is defined under section 63C of the Family Law Act 1975 (Cth).

A parenting plan is not legally enforceable by a court - but it is given significant weight in family law proceedings. It provides a flexible, cooperative alternative to applying for parenting orders through the court.

A parenting plan must be made voluntarily and in the best interests of the child.

What does a parenting plan cover?

A comprehensive parenting plan typically addresses the following:

• Who the children will live with (primary residence)
• Time spent with each parent (weekdays, weekends, overnight stays)
• Holiday arrangements (school holidays, Christmas, Easter, birthdays)
• Communication arrangements (phone calls, video calls with the other parent)
• Education decisions (which school, extracurricular activities)
• Health and medical decisions
• Travel arrangements (interstate and overseas)
• Handover arrangements (where, when, how)
• How future disagreements will be resolved

Parenting plan vs parenting orders

Parenting plan: A voluntary agreement between parents. It is not enforceable by the court, but it is flexible and can be changed by agreement at any time.

Parenting orders: Made by the court and legally enforceable. Breaching parenting orders can result in penalties.

For most separating couples who can agree on arrangements, a parenting plan is the best starting point. If one parent is unlikely to comply, you may need parenting orders instead.

A parenting plan can be used as evidence if you later apply for parenting orders.

Best interests of the child

The Family Law Act requires all parenting arrangements to be in the best interests of the child. Key considerations include:

• The child's safety (from abuse, family violence, neglect)
• The benefit of a meaningful relationship with both parents
• The child's views (depending on age and maturity)
• Practical arrangements (proximity to school, childcare)

The 2023 Family Law Amendment Act simplified the framework - the child's safety is now the paramount consideration.

How to create a parenting plan

1. Discuss arrangements with your co-parent (consider using a mediator if needed)
2. Customise our template with your specific arrangements
3. Include details for weekdays, weekends, holidays, special occasions
4. Address decision-making responsibilities (education, health, religion)
5. Set out communication arrangements between the child and each parent
6. Both parents sign the plan (not legally required but best practice)
7. Review and update the plan as children's needs change

When should you review your parenting plan?

• When children start or change schools
• When a parent moves or changes work arrangements
• When children's needs or preferences change with age
• At least annually to ensure the plan still works
• When circumstances change significantly (new partner, relocation)

Frequently asked questions

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