Clear arrangements for the decisions that affect your children.

A parenting plan is a written agreement between parents about arrangements for their children. It can cover where children live, the time they spend with each parent, communication, decision-making, holidays and other aspects of their care.

A parenting plan is a written agreement between parents about parenting arrangements, but it is not legally enforceable. Consent orders formalise agreed parenting arrangements as orders of the Court, making them legally binding and enforceable.



Which option is appropriate will depend on your circumstances and the level of certainty and formality required.

No. A parenting plan is a written agreement between parents, but it is not legally enforceable.



If legally enforceable arrangements are required, parents may apply to have agreed parenting arrangements formalised through consent orders. Once made by the Court, consent orders are legally binding and have the same legal force as parenting orders made after a court hearing.

Parenting arrangements may be agreed between parents or, where agreement cannot be reached, determined by the Court. When making parenting orders, the Court must regard the best interests of the child as the paramount consideration.



This includes considering factors such as the child’s safety, any views expressed by the child, their developmental, psychological, emotional and cultural needs, each parent’s capacity to meet those needs, and the benefit of relationships with parents and other significant people where it is safe to do so.

Not always. Parenting arrangements can often be made without contested court proceedings through negotiation, Family Dispute Resolution or agreement between parents. Where agreement is reached, arrangements may be documented in a parenting plan or formalised through consent orders.



Court proceedings may be necessary where agreement cannot be reached, or where urgent, safety or other circumstances require the Court’s involvement.

In most cases, you must attempt Family Dispute Resolution (FDR) before applying to the Court for parenting orders. If the matter is not resolved, a Family Dispute Resolution Practitioner can issue a certificate that may be required before court proceedings can begin.

Exemptions may apply in circumstances including urgency, family violence, child abuse or where a person is unable to participate effectively in FDR.

Your options will depend on how the parenting arrangements have been documented. If you have parenting orders, including consent orders, they are legally binding and there may be options available through dispute resolution or the Court if they are not followed.



A parenting plan is not legally enforceable. If the arrangements in a parenting plan are no longer working, legal advice can help you understand the options available, including whether formal parenting orders may be appropriate.

Yes. Parenting arrangements can be changed when circumstances change, but the process will depend on how the existing arrangements have been documented.



If parents agree, they may be able to make a new parenting plan or apply for consent orders to vary existing parenting orders. If agreement cannot be reached, changing final parenting orders through the Court generally requires a significant change in circumstances and consideration of the child’s best interests.