Parenting agreements

If you have agreed on the parenting arrangements for your child, you can:

• make an informal agreement
• make a parenting plan
• apply for consent orders.

Informal agreement

An informal agreement can include a verbal or written agreement.

There are no rules for making an informal agreement. It can be as detailed or as simple as you like, and for a short or long period of time.

If you make an informal agreement, you should put it in writing. This will help avoid misunderstandings and disputes about the terms of your agreement.

You and your ex-partner can change your agreement at any time by making a further agreement. There are no rules about how to change an informal agreement.

You don’t go to court for an informal agreement. For this reason, your agreement won’t be legally enforceable.

Parenting plan

A parenting plan is a written agreement, voluntarily entered into, signed and dated by both parents, that sets out the care arrangements for their child. This includes a parenting plan that was made overseas.

There are no rules about how a parenting plan must be set out. It can be as detailed or as simple as you like.

A parenting plan must cover at least one of these issues:

• who has parental responsibility for your child
• who your child lives with
• who your child spends time with
• the communication your child has with the other parent and family members
• financial support for your child
• the process for resolving parenting disputes
• the process for changing the parenting plan
• any aspect of the care, welfare or development of your child.

A parenting plan does not have to be witnessed by an authorised witness.

You don’t go to court for a parenting plan. For this reason, your parenting plan will not be legally enforceable. You can’t be punished by a court for not following your parenting plan. However, it can be used as evidence of your parenting agreement if you end up in court.

You and your ex-partner can change your parenting plan at any time by making a further parenting agreement.

Consent orders

Consent orders are parenting arrangements agreed to by both parents that are approved by a court.

They are legally enforceable. You and your ex-partner must follow your consent orders. If you breach your consent orders without a reasonable excuse, you can be punished by a court.

Consent orders have the same effect as orders made by a Judge after a hearing.

You can apply to the Federal Circuit and Family Court of Australia or Local Court of NSW for consent orders.

Before you apply for consent orders, you should get legal advice. Consent orders are meant to finalise your parenting matter so that you don’t come back to court. If you decide you want to change your consent orders, you will have to follow the pre-action procedures and negotiate with your ex-partner about any changes. If you and your ex-partner can’t agree on how to change the orders, there are only limited circumstances when you can apply to change the orders.

For more information, see We have agreed on the Federal Circuit and Family Court of Australia website.