Family breakdowns are never easy, and when parents separate or divorce in Queensland, one of the biggest concerns is how to make stable and fair arrangements for their children. The courts encourage parents to resolve these matters cooperatively — and one of the most effective ways to do that is through a parenting plan.
A parenting plan sets out practical details about your child’s care, such as where they live, how time is shared, and how decisions are made — without the stress of going through court.
Please note: This is general information only and not legal advice — please contact VM Family Law for tailored advice. Our full contact details can be found here: www.vmfamilylaw.com.au/contact
What Is a Parenting Plan?
A parenting plan is a written agreement between the parents of a child. It outlines how you will share parenting responsibilities and manage your child’s day-to-day and long-term care after separation.
Under Section 63C of the Family Law Act 1975 (Cth), a parenting plan must:
-
be in writing
-
be signed and dated by both parents
-
be made voluntarily, without threat or coercion
A parenting plan can include:
-
where the child will live
-
the time they will spend with each parent
-
how major decisions will be made (such as schooling, health, and religion)
-
how parents will communicate about the child
-
arrangements for holidays and special occasions
-
processes for reviewing or changing the plan
Parenting plans are not legally enforceable, but if a dispute later goes to court, the plan can be used as evidence of the parents’ intentions and cooperation. The best interests of the child always remain the guiding principle.
Parenting Plan vs Parenting Order
A parenting plan is a private agreement made between parents. It’s flexible, can be changed at any time by consent, and doesn’t require court involvement.
A parenting order is a formal, legally binding order made by the Federal Circuit and Family Court of Australia (either by consent or after a hearing). Parenting orders are enforceable by law, and breaching them can lead to penalties.
If parents want to make their agreed arrangements legally binding, they can apply to the court for consent orders based on their parenting plan.
Why Create a Parenting Plan?
A well-structured parenting plan helps separated parents avoid conflict and confusion while ensuring their child’s needs are met. Benefits include:
-
Reduces conflict: Clear expectations prevent misunderstandings.
-
Supports children’s wellbeing: Predictable routines help children feel secure and stable.
-
Saves time and money: Keeps matters out of court and avoids unnecessary legal costs.
-
Encourages cooperation: Strengthens communication and co-parenting.
-
Provides flexibility: Can be updated as children grow or family circumstances change.
-
Demonstrates goodwill: Shows both parents are committed to working together for their child.
How to Create a Parenting Plan in Queensland
Creating a parenting plan doesn’t have to be complicated. These steps can help:
1. Communicate Openly and Respectfully
Discuss your child’s needs calmly and focus on their best interests. If communication is difficult, use a Family Dispute Resolution (FDR) practitioner or mediator. Services are available through Family Relationships Centres and Legal Aid Queensland.
2. Agree on Living Arrangements
Decide where your child will live and how their time will be shared. Consider work schedules, travel distances, school commitments, and your child’s age and preferences.
3. Establish a Parenting Schedule
Include weekdays, weekends, school holidays, birthdays, and special events. A clear schedule reduces stress and helps children adjust smoothly.
4. Outline Decision-Making Responsibilities
Under the Family Law Act, both parents are generally presumed to have shared parental responsibility for long-term decisions — unless there are safety concerns such as family violence. Set out how decisions about schooling, healthcare, and other major matters will be made.
5. Include Communication Arrangements
Agree on how your child will stay in touch with the other parent when not in their care (for example, by phone or video). Also, decide how you will communicate as parents, ideally in writing and respectfully.
6. Cover Travel and Relocation
Document how interstate or overseas travel will be handled and how both parents will give consent. If one parent plans to move far enough to affect the existing schedule, review the plan together and seek legal advice before making changes.
7. Plan for Emergencies and Health Care
Include details for emergencies, such as who to contact first, who can consent to medical treatment, and how costs and health information will be shared.
8. Set Out a Dispute-Resolution Process
Disagreements can arise. Agree on how to handle them, such as mediation, family counselling, or FDR.
9. Review Regularly
Review your parenting plan every 6–12 months or after major life changes (for example, school transitions or moving house).
10. Sign and Keep Copies
Once both parents agree, write down the plan clearly, sign and date it. Each parent should keep a copy in a safe place.
Key Legal Points to Remember
-
Parenting plans must be written, signed, and dated by both parents.
-
They are not court orders and cannot be enforced by the court.
-
The court will, however, consider the most recent parenting plan when making parenting orders if it aligns with the child’s best interests.
-
The best interests of the child are always the court’s paramount consideration.
-
Child support and financial matters are covered separately under federal law and are not part of a parenting plan.
-
A parenting plan can be turned into a legally binding consent order if both parents agree.
Frequently Asked Questions
Who can prepare a parenting plan?
Parents can prepare one themselves or with help from a lawyer, mediator, or Family Dispute Resolution practitioner.
What can be included in a parenting plan?
A parenting plan can include arrangements for where the child lives, time spent with each parent, decision-making responsibilities, and communication methods. It may also cover holidays, special occasions, transport, and how disputes will be resolved.
Is a parenting plan legally binding?
No. A parenting plan is not enforceable by a court, but it can be used as evidence if parenting orders are later sought.
Can we change our parenting plan?
Yes. Parents can change or update the plan at any time by signing and dating a new agreement.
What if we can’t agree on a parenting plan?
If parents can’t agree, they should attend Family Dispute Resolution. If that fails, they can apply to the court for parenting orders.
How often should a parenting plan be reviewed?
It’s recommended to review your plan every 6–12 months or when major life changes occur, such as a change in school or residence.
We’re Here to Support You Through Every Step
Creating a parenting plan is an important way to provide stability and clarity for your children during what can be a challenging time. At VM Family Law, we understand the emotional and practical complexities involved in parenting after separation.
Our experienced family lawyers in Queensland can assist you in preparing a parenting plan that reflects your child’s best interests and supports respectful co-parenting. To discuss your circumstances in confidence, contact us on 07 3447 8966 or visit www.vmfamilylaw.com.au. We’re here to help you make informed, thoughtful decisions for your family’s future.
Official Information Sources
-
Queensland Law Handbook – Parenting Plans
https://queenslandlawhandbook.org.au/the-queensland-law-handbook/family-law/post-separation-parenting/parenting-plans/ -
Legal Aid Queensland – Parenting Arrangements
https://www.legalaid.qld.gov.au/Find-legal-information/Relationships-and-children/Children-and-parenting/Parenting-arrangements -
Queensland Government – Child Custody and Parenting Arrangements
https://www.qld.gov.au/families/legal/child-custody-and-parenting-arrangements -
Family Relationships Online – Parenting Plan Factsheet
https://www.familyrelationships.gov.au -
Queensland Law Society – Family Law Resources
https://www.qls.com.au
