The Role of Parenting Plans in Avoiding Custody Disputes
When relationships end, most parents want the same thing: arrangements that keep children safe, loved and stable. A well-drafted parenting plan can lower the temperature, reduce misunderstandings and keep families out of court. Here’s how parenting plans work under current Australian law, when they become legally binding (and when they don’t), and practical tips for creating one that actually works.
What is a parenting plan in Australian law?
A parenting plan is a written agreement between parents that sets out arrangements for children—who they live with, how time and communication are managed, how major decisions are made, and day-to-day practicalities. To be a “parenting plan” under the Family Law Act 1975 (Cth) it must be in writing, signed and dated by both parents, and made free from any threat, duress or coercion.
Parenting plans are encouraged because they help parents resolve matters without litigation, provided it’s safe to do so. Official fact sheets also outline the typical topics a plan can cover and emphasise that children’s best interests should drive all arrangements.
Is a parenting plan legally binding?
On its own, a parenting plan is not legally enforceable. That means if a parent doesn’t follow it, you can’t seek contravention remedies in the same way you can for a breached court order. However, a court must have regard to the terms of the most recent parenting plan if it is asked to make parenting orders later. This is set out in section 65DAB of the Family Law Act.
Importantly, a parenting plan made after parenting orders can change how those orders operate. The Federal Circuit and the Family Court of Australia explains that the contents of a later parenting plan can override part of a parenting order so that part is no longer enforceable (unless a court has ordered otherwise). In practice, this lets parents vary aspects of their orders by mutual agreement without returning to court.
If you need arrangements to be legally binding, you can ask the Court to make consent orders in the same terms as your plan. Once made, parenting orders are enforceable and carry consequences if breached. The Court will only approve proposed orders if they are in the child’s best interests.
The legal backdrop: best interests and recent reforms
Parenting decisions in Australia turn on the child’s best interests. In May 2024, significant reforms took effect, removing the former presumption of equal shared parental responsibility and simplifying the “best interests” considerations, with a stronger focus on safety and the realities of each family. These changes are relevant when courts consider parenting orders and when professionals help parents frame child-centred plans.
How to create a parenting plan that works
Start with safety and the child’s needs. If there are concerns about family violence, child abuse or risks at changeover, get legal advice early and consider using consent orders rather than a non-enforceable plan. Government materials stress that best interests especially safety must come first.
Be specific where it matters, flexible where it helps. Good plans spell out: weekly routines; school and childcare logistics; health and education decision-making; special days (birthdays, religious/cultural events); school holidays; travel and passports; communication with the other household..
Define decision-making clearly. Distinguish between day-to-day matters and “major long-term issues” (e.g., education, health, name, religion). This avoids friction about who consults whom and when. The Act recognises parental responsibility unless displaced by orders, so clarity in your plan can prevent stalemates later.
Build in a dispute-resolution pathway. Include a step-by-step process: direct discussion → Family Dispute Resolution (FDR) → legal advice. Early, lower-conflict mechanisms keep issues contained and are consistent with the system’s emphasis on resolving disputes away from court where safe.
Set review points. Children’s needs change. Nominate dates (for example, end of each school year) to review the plan, and record how updates will be agreed. Remember: a later parenting plan can adjust earlier arrangements (and, if there are existing orders, may alter how parts of those orders operate).
Use plain language and practical detail. Specify times, locations and handover protocols. Avoid vague phrases like “reasonable time” that invite disagreement. Government fact sheets and Family Relationships resources include templates to help keep things workable.
Know when to formalise as consent orders. If the relationship is high-conflict, there’s a history of non-compliance, or you need enforceability for issues like schooling, relocation or international travel, converting your agreed terms into consent orders gives legal teeth while preserving your agreed structure. The Court can make orders in the terms you propose if satisfied they’re in the child’s best interests.
Common pitfalls to avoid
Ambiguity (e.g., “share holidays fairly”)—replace with dates, times and alternating patterns.
Skipping safety planning—if risks exist, get advice and consider orders instead of a plan alone.
Assuming a plan is enforceable—it isn’t; use consent orders if enforcement may be needed.
Key takeaways
Parenting plans are a low-cost, child-centred way to reduce conflict and set expectations. But they’re not trivial. They must be written, signed and free from duress.
Additionally, keep in mind these three things:
A plan is not enforceable by itself, but courts must consider the most recent plan when making orders; later plans can also change how existing orders operate.
If you need legal enforceability, convert your agreement into consent orders.
Recent reforms (commenced 6 May 2024) sharpen the focus on safety and best interests—essential context when drafting or formalising arrangements.
However, most importantly of all, make sure you source independent legal advice from expert child custody lawyers before signing any plan or applying for consent orders. Clear, practical arrangements, tailored to your family and grounded in the law, are the best defence against future disputes.
