What Is a Parenting Plan and Why Do You Need One?

What is a parenting plan?

A parenting plan is a written agreement between separating parents about how they will raise their children. It covers daily arrangements, who makes which decisions, and how you will talk to each other about the child.

The Law Reform (Marriage and Divorce) Act 1976 does not use the term “parenting plan”. But courts encourage parents to agree on child custody, access and upbringing, and an agreed plan can be recorded by the court as a consent order.

What should it include?

• Where the child lives most of the time.
• Access for the other parent: weekday visits, weekends and overnight stays.
• Holidays: how you share school holidays, public holidays, birthdays and festivals. Many parents alternate or follow a fixed rotation.
• Big decisions: how you will decide on school, tuition, activities and medical care.
• Communication: how you keep each other updated on the child’s progress and wellbeing.

Why do courts like parenting plans?

The child’s welfare comes first in every custody decision. Section 88 of the Act lets the court make the custody orders it thinks fit. A detailed plan shows the court you have thought about the child’s needs.

A plan also cuts down on trips back to court over pick-up times, holidays or doctor visits. Each trip costs time, money and stress.

Parents who can agree on a plan are more likely to give the child a stable life. Under the Guardianship of Infants Act 1961, both parents are equal guardians, and a plan reflects that shared role.

How do you draft one?

1. List the practical matters in your child’s daily life: where they live in term time and holidays, and how handovers work (time, place, who is there).
2. Agree on contact: how often the other parent calls or video-calls the child, and how you will discuss big decisions (email, text or in person).
3. Add a way to settle disagreements, such as trying mediation before either of you goes back to court.

What if a parent does not follow the plan?

If the court has recorded the plan as a consent order, it has the force of a court order. A parent who breaks it may face contempt of court proceedings, with a fine or, in serious cases, imprisonment.

If it is only a private agreement, your options are more limited. You would need to apply to court to make it formal or ask for a new custody order. That is why having the plan recorded by the court is strongly recommended.

Keep records if things go wrong: missed visits, late handovers, or decisions made without you. They support any application you make later.

Looking to engage a divorce lawyer? If you are unsure what your parenting plan should cover or how to get it approved, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.