How to write a parenting plan: An Australian legal guide

Embarking on the journey of co-parenting after a separation or divorce can be emotionally daunting, yet crafting a thoughtful parenting plan can bring much-needed clarity and reassurance to both parents and their children.

By Janine Goodwin, Lawyer at Watts McCray.

In Australia, where the well-being of children is paramount in legal matters, creating a solid parenting plan isn’t just about compliance—it’s about nurturing stability and understanding in a time of transition.
Whether you’re starting this process or seeking to refine an existing arrangement, we’re here to guide you through the steps and considerations involved in creating a compassionate and effective parenting plan that fits the unique needs of your family.

What is a parenting plan?

There are three options separated parties have when making parenting arrangements for their child or children, namely:

1. An informal arrangement;
2. A Parenting Plan;
3. Parenting Orders.

As the name suggests, an informal parenting arrangement is one that is typically oral or informally written, such as in an email or text message.
Parenting orders, on the other hand are written, detailed and legally binding, after they have been sealed by the Court.
A Parenting Plan falls somewhere in the middle of an informal arrangement and Parenting Orders in that, whilst not legally binding, it is in writing, usually quite detailed, and signed by the parties. It is a helpful tool for separated parents who want clarity on the parenting arrangements whilst still affording a little flexibility.
It is a good option for separated parents who can amicably co-parent and are seeking to avoid the financial and emotional cost of going to Court for formal parenting orders (if the parties are unable to enter into Parenting Orders by consent).

What to consider when writing a parenting plan

Have regard to the law

In preparing a Parenting Plan, the parties ought to have regard to the relevant law.
Division 4 of the Family Law Act (Cth) 1975 (the ‘Act’) sets out the law around Parenting Plans. Section 63C of the Act sets out the requirements for a Parenting Plan, including that it be in writing, signed by the parties and dated. It also provides a list of what matters a Parenting Plan may deal with, namely as follows:
“(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.”

This list is not exhaustive and the parties can include anything else in their parenting plan that is relevant and necessary to their family’s circumstances.
Privately agreed child support must be contained in  a Binding Child Support Agreement under the Child Support (Assessment) Act (Cth) 1989 in order for it to be legally binding.

Have regard to the best Interest of the child/children

In negotiating the arrangements for the child or children under a Parenting Plan, parties should have regard to the best interests of the children as the paramount consideration and place the children’s interest over and above their own interests and conveniences. In considering what is best for the children, the parties ought to bear in mind that children have the right to know both their parents and the right to be protected from harm.  A child’s safety, from both physical and psychological harm, must come first when considering their best interest.
When determining what is in the children’s best interest, it is also helpful to have regard to:

• the age of the child;
• the capacity of each parent to provide day-to-day care for the child;
• any additional needs the child may have, including medical or educational needs;
• practical considerations, e.g. around accommodation, transport and expenses;
• the cultural needs of the child;
• the child’s own views.

How to write a parenting plan

There is no set format for a parenting plan, nor is there any requirements for what is to be dealt with in it, although Section 63 provides some guidance.

• It can be as detailed or simple as parties wish it to be.
• It has to be made voluntarily, free from duress, threat, or coercion however.
• As long as you remain child focused in your negotiations and decisions and create a parenting plan that is practical for all involved, then you’re off to a good start.

There are professionals who can assist parties prepare parenting plans. These include your Family Law lawyer, your Family Counselor or your Family Dispute Resolution Practitioner. The team at Watts McCray are experienced in the area of Family Law and would welcome the opportunity to assist you.

Request a call back from our supportive team via the form below if you have any further questions on how to write a parenting plan that meets everyone’s needs.