Family breakdowns are never easy, and in Queensland, more couples than ever are separating or divorcing while trying to work out what’s best for their children.
With the courts increasingly encouraging parents to stay out of long, stressful disputes, having a clear parenting plan has become one of the most practical tools for separated families.
A parenting plan sets out who the child lives with, how time is shared, and how major decisions will be made, without involving the legal system. For many parents, it’s the first step towards building a more stable and respectful co-parenting relationship after separation.
In this guide, we’ll walk you through what a parenting plan is, why it matters, and how to create one that works for your family.
What Is a Parenting Plan?
A parenting plan is a written agreement between separated or divorced parents that outlines practical arrangements for the care of their child or children. It outlines agreed-upon arrangements for where the child lives, time spent with each parent, communication, and how major decisions, such as schooling or healthcare, will be handled.
In Queensland, parenting plans are recognised under Section 63C of the Family Law Act 1975 (Cth). While not legally binding, they must be voluntarily agreed to, signed and dated by both parents, and made without threat, coercion, or pressure.
The parenting plan should be focused on the best interests of the child. This remains the key principle in all family law matters.
Although not enforceable by the courts, a parenting plan can still carry legal weight. If a dispute goes to court, the plan may be considered as evidence of each parent’s intentions and willingness to cooperate under the Family Law Act 1975.
Parenting Plan vs Parenting Order
A parenting plan is an informal agreement between parents. It’s flexible, easier to update, and doesn’t require any court involvement. It relies on the cooperation of both parties and works best when parents can communicate and make decisions together.
A parenting order, on the other hand, is a legally binding court order issued by a judge or registrar under the Family Law Act 1975, either through agreement (via consent orders) or following a contested court hearing. Parenting orders are enforceable, and breaching them can result in serious legal consequences, including penalties listed in the National Contravention List or through the Contravention Registrar.
In short:
- Parenting plan = voluntary, flexible, not enforceable.
- Parenting order = court-issued, legally binding, enforceable.
Why You Need a Parenting Plan in Queensland
Creating a parenting plan isn’t just a good idea; it’s a practical move that can save time, stress, and confusion. It helps everyone understand what to expect moving forward.
Here’s when and why you’ll need one:
- After separation or divorce: It gives structure to co-parenting arrangements from the start, reducing conflict and uncertainty.
- To avoid court involvement: A clear plan can prevent disagreements from escalating into costly legal battles in the Family Court or Federal Circuit and Family Court of Australia.
- For the child’s well-being: Consistent routines and expectations help children feel secure and supported during a significant life change.
- To manage shared responsibilities: It clarifies who makes decisions about school, health, religion, and day-to-day care.
- To adjust to changing needs: Parenting plans are flexible and can be reviewed as children grow or circumstances shift.
- To prevent misunderstandings: Written agreements reduce confusion about pick-up times, holidays, communication, and more.
9 Steps to Create a Parenting Plan
Creating a parenting plan might feel overwhelming at first, but breaking it down into simple steps makes the process more manageable. Here’s how you and your co-parent can build a clear, workable plan together.
1. Start With Open Communication
The foundation of any good parenting plan is respectful, child-focused communication. Both parents should openly discuss their expectations and concerns, always prioritising the child’s well-being.
If emotions are high or communication has broken down, consider using a Family Dispute Resolution Practitioner or mediator through Family Relationships Online or Legal Aid Queensland.
Tools like Amica or OurFamilyWizard can also help parents manage messages and avoid miscommunication. Remember, productive discussions now can prevent bigger issues later.
2. Agree on Living Arrangements
Decide where your child will live and how their time will be split between households. Options include shared care (equal or nearly equal time), primary residence with one parent, or arrangements tailored to work or school needs.
Be realistic about travel time, schooling, and the child’s comfort. For example, younger children may benefit from shorter, more frequent visits, while older children might prefer a week-on, week-off schedule.
Whatever you decide, it should support the child’s stability and routine.
3. Set a Parenting Schedule
Map out a clear schedule that covers weekdays, weekends, school holidays, public holidays, birthdays, and special events, such as Christmas. Specify drop-off and pick-up times, and include details like where handovers will take place (e.g., school gates, a public location).
Apps like 2houses or Cozi can help create and manage shared calendars. This step is essential to avoid last-minute confusion or disagreements, especially around emotionally charged dates like Christmas or Mother’s/Father’s Day.
4. Plan for Decision-Making
Outline how major decisions will be made regarding your child’s life, including education, medical treatment, religion, and extracurricular activities.
Will both parents decide jointly, or will one take the lead in certain areas? For example, one parent might handle health appointments while the other manages school matters.
It’s important to define responsibilities clearly to avoid arguments later. The Family Law Act 1975 presumes equal shared parental responsibility unless safety concerns (e.g., family violence) are raised.
5. Include Communication Rules
Agree on how and when your child can communicate with the other parent while not in their care. This may include scheduled phone calls, FaceTime, video chats, or messages.
For example, you might agree on a nightly phone call at 6:30 pm or video calls every Sunday afternoon. Communication should support the child’s connection with both parents without being intrusive.
This also includes how parents communicate with each other. Civil, consistent updates help keep the co-parenting relationship strong.
6. Cover Travel and Relocation
Discuss and document rules around interstate or overseas travel. Will both parents need to consent before booking trips? What documents (like passports or consent forms) need to be shared?
Also, include what happens if one parent wants to move, particularly if the move could impact the parenting schedule. For example, a relocation over 50 km might trigger a review of the plan or formal mediation.
This step can prevent unexpected disruption or legal intervention down the track.
7. Add Emergency and Health Provisions
Include plans for medical emergencies, such as who should be contacted first, who can consent to treatment, and how costs will be covered. List emergency contacts, health insurance details, and preferred hospitals or medical centres.
You might also specify arrangements for sharing prescriptions, vaccination records, and routine health appointments. For example, both parents could agree to notify each other within 24 hours of any medical incident involving the child.
Being prepared ensures quick action in stressful moments.
8. Plan for Disagreements
Even with the best intentions, disagreements happen, so plan for how to manage them. Include steps like attending Family Dispute Resolution, using a mediator, or consulting a Family Counsellor.
You can also set a review schedule, such as updating the plan every 6 or 12 months. For example, if your child starts high school, you may need to revisit the parenting schedule or decision-making rules.
A flexible plan that allows room for change helps avoid future conflict.
9. Put It in Writing and Sign It
Once you’ve worked through all the details, write the plan down clearly and simply. Both parents must sign and date the final document for it to be recognised under Section 63C of the Family Law Act 1975.
Keep a copy of each and store it in a secure location. While it’s not legally binding, the parenting plan can be used as evidence in court if needed.
If you later want to formalise it, you can apply for consent orders through the Family Court of Australia or the Federal Circuit and Family Court of Australia.
How VM Family Law Can Help
Creating a parenting plan can raise tricky questions, especially when emotions run high or situations are complex. That’s where experienced legal support makes a real difference.
Here’s how our family lawyers can help:
- Provide clear, practical legal advice tailored to your family’s needs
- Draft or review your parenting plan to ensure it’s fair and child-focused
- Help turn your plan into a legally binding Consent Order if needed
- Support you through dispute resolution or mediation
- Assist in high-conflict cases involving child protection, relocation, or family violence
Ready to get started? Contact us at VM Family Law today by calling 07 3447 8966 to speak with our trusted and compassionate Queensland family lawyers.
FAQs
How do I write a parenting plan in Australia?
To write a parenting plan in Australia, separated parents must agree on custody, schedules, communication, and decisions. It must be written, signed, and dated. Use templates or get legal advice.
Who can write up a parenting plan?
Parents can write a parenting plan themselves or get help from a family lawyer, mediator, or Family Dispute Resolution Practitioner. Support ensures custody, health, and education are clearly covered.
What is a parenting plan in Australia?
A parenting plan is a voluntary agreement between separated parents covering custody, care, and decisions. It’s not enforceable but may be considered during court or Consent Order applications.
Is a parenting plan legally binding?
No, a parenting plan isn’t legally binding, but it can be used as court evidence. To make it enforceable, parents must apply for a Parenting Order via a Consent Order.
How often do fathers get 50/50 custody in Australia?
Courts don’t guarantee 50/50 custody but support meaningful involvement from both parents. If it’s safe and in the child’s best interest, shared care can be arranged through a parenting plan or orders.
Read all about it in our article How Often Do Fathers Get 50/50 Custody in Australia?
Can a parenting plan be changed?
Yes, parenting plans are flexible and can be updated anytime by agreement. Seek legal advice if changes may lead to a Parenting Order or Consent Order.
What if we can’t agree on the terms of the parenting plan?
If you can’t agree, try Family Dispute Resolution or get advice from a family lawyer. If needed, the court can issue Parenting Orders and may consider your existing parenting plan.
How often should we review a parenting plan?
Review your parenting plan every 6–12 months or after major changes like moving or school shifts. Regular updates keep it relevant as your child and family’s needs evolve.
Does having a parenting plan affect child support?
No, a parenting plan doesn’t directly affect child support, which is managed through the Child Support Agency or a Child Support Agreement. However, the time a child spends with each parent (outlined in the plan) can influence payment amounts under child support calculations.
How can family lawyers help with a parenting plan?
A family lawyer provides legal advice, drafts parenting agreements, and helps formalise them through Consent Orders. They’re essential in complex cases involving child protection, family violence, or court disputes.
Conclusion
A clear and well-thought-out parenting plan can make a significant difference for separated parents trying to raise their children in a stable and supportive environment. It reduces conflict, sets expectations, and keeps the focus where it should be—on the child’s well-being.
If you’re unsure where to start or your situation is more complex, it’s smart to get professional legal advice.
Here at VM Family Law, we are an experienced Queensland family law firm that can help you draft, review, or formalise your parenting plans and arrangements. Call 07 3447 8966 to speak with a team that understands what matters most—your family.
