Parenting plans are one of the most misunderstood tools in Australian family law. They’re often described as a flexible, cooperative alternative to court orders — and in the right circumstances, they work well. But there’s a critical distinction between a parenting plan and a parenting order, and getting it wrong can leave a parent with no enforceable rights if things break down.
What is a parenting plan?
A parenting plan is a written agreement made between separated parents that sets out arrangements for their children. It can cover:
• Who the child lives with and when
• How much time the child spends with each parent
• How decisions about education, health, and religion are made
• Arrangements for holidays, special occasions, and travel
A parenting plan must be in writing and signed by both parents to be recognised under the Family Law Act 1975. It does not need to be filed with any court.
The enforceability problem
Here is the critical point: a parenting plan is not legally enforceable. If one parent stops following it, the other parent cannot apply to the court to enforce it as they would a parenting order. The plan can, however, be taken into account by the court as evidence of what the parties intended and what arrangements were in place.
The legally enforceable alternative is consent orders — parenting arrangements agreed by the parties but filed with and approved by the Federal Circuit and Family Court of Australia. Once approved, consent orders carry the same legal weight as orders made after a contested hearing. Breaching them can attract the full range of contravention remedies under the Family Law Act, including make-up time, fines, and in serious cases, imprisonment.
When a parenting plan is appropriate
A parenting plan works well where both parents have a cooperative relationship and the risk of future non-compliance is low. It offers flexibility — it can be varied by a new written agreement between the parties at any time without court involvement. For separated parents who are communicating well and want to avoid legal costs, it can be a practical starting point.
If there is any history of conflict, non-compliance, or concern that arrangements may not be honoured, consent orders provide far stronger protection.
Questions to consider
• Is the relationship between the parents cooperative enough that a parenting plan is likely to be followed, or is there a history of non-compliance that makes consent orders the safer option?
• If a parenting plan is already in place and is being ignored, what evidence exists to demonstrate the arrangements that were agreed and the other parent’s departure from them?
• Has anyone explained the practical difference between a parenting plan and consent orders, and what enforcement options exist under each?