Time limit
You must notify Services Australia within 28 days after you change your parenting agreement if you receive child support or other government benefits.
Informal agreements
You can change your informal agreement at any time by making a new agreement with the other parent. You can do this as often as you like, as many times as you like.
You don’t have to go to mediation or apply for court orders to make a new agreement. You can make a new informal agreement or a parenting plan.
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.
Informal agreements and parenting plans are not legally enforceable.
If you want a legally binding agreement, you need to apply for consent orders.
For more information, see Parenting agreements.
Mediation
If you and your ex-partner can’t agree on new parenting arrangements, you must follow the pre-action procedures, unless you are exempt. This means going to mediation before applying for parenting orders.
In limited circumstances, you may be exempt from following the pre-action procedures where:
- your matter is urgent
- there has been, or there is a risk of, child abuse or family violence
- you or your ex-partner cannot participate effectively in mediation
- your ex-partner breached a parenting order that was made within the last 12 months, and there are grounds to believe that your ex-partner has shown a serious disregard for their obligations under the order.
If you think you are exempt from the pre-action procedures, you should get legal advice.
For more information, see Pre-action procedures in parenting cases.
Going to court
If you have followed the pre-action procedures and still can’t agree on how to change your parenting agreement, you can apply to the Federal Circuit and Family Court of Australia or Local Court of NSW for parenting orders.
For more information, see Going to court.
Case study
Tristan and Julia separated five years ago. They have been caring for their two children, Joshua (14), Andrew (12), using an informal agreement. Under this agreement, the children live with Julia and spent time with Tristan every second weekend and half of all school holidays.
They changed their agreement occasionally, so the children could attend family gatherings and vacations.
Julia has just changed jobs and increased her work hours. She is working longer days and wants to share more of the parenting with Tristan.
Tristan has agreed to this. He would like to spend more time with the children while they are young and still living at home.
Tristan and Julia have agreed to a new equal time parenting agreement. The children will live with each parent for a week, from Sunday to Sunday.
They have decided to make another informal agreement They want the flexibility of an informal agreement so they can change it quickly and easily, as needed. They can communicate well with one another and make parenting decisions together. They don’t want to go to court or mediation.
Parenting plans
You can change your parenting plan at any time by making a new agreement with the other parent.
You don’t have to go to mediation or apply for court orders to make a new agreement to make a new agreement. You can make:
- an informal agreement, or
- a parenting plan.
You can do this as often as you like and as many times as you like. There is no limit to the number of informal agreements or parenting plans you can make for your child.
There are no rules for making an informal agreement, however, you should put it in writing. This will help avoid misunderstandings and disputes about the terms of your agreement.
To make a parenting plan, you must:
- both voluntarily agree to it
- sign and date it
- cover at least one issue relating to the care, welfare, and development of your child, such as where your child will live or go to school.
If you want a legally enforceable agreement, you need to apply for consent orders.
For more information, see Parenting agreements.
Mediation
If you and your ex-partner can’t reach an agreement, you must take genuine steps to resolve your parenting dispute and follow the pre-action procedures, unless you are exempt.
If you think you are exempt from the pre-action procedures, you should get legal advice.
For more information, see Pre-action procedures in parenting cases.
Going to court
If you have followed the pre-action procedures and still can’t agree on a new parenting agreement, you can apply to the Federal Circuit and Family Court of Australia or Local Court of NSW for parenting orders.
The court will consider the terms of your most recent parenting plan when deciding what orders are in the best interests of your child. If you and your ex-partner are asking for parental responsibility of your child, the court will also consider your capacity to provide for your child’s developmental, psychological, emotional, and cultural needs. This may include considering whether you have followed the terms of your parenting plan.
For more information, see Going to court.
Consent orders and parenting orders
If you have parenting orders (including consent orders), you can change your orders at any time by making a new agreement with your ex-partner, unless an order says otherwise. You can do this by:
- making a parenting plan, or
- applying for consent orders.
Consequences of changing your orders
A parenting plan is not legally enforceable. You can’t create new legal obligations or change existing obligations by making a parenting plan.
If you change a parenting order with a parenting plan, that order will no longer be legally enforceable once the parenting plan comes into force. If your ex-partner doesn’t follow the parenting plan, you can’t enforce it, and your ex-partner can’t be penalised by a court for breaching the parenting plan.
If you want a new parenting agreement that is enforceable, you will need to apply for consent orders.
Before you update your parenting orders with a parenting plan or consent orders, you should get legal advice. It is important you understand:
- what your legal obligations will be under your new agreement, and
- how the changes will affect any orders you want to keep.
Mediation
If you and your ex-partner can’t agree on how to change your parenting orders, you will need to follow the pre-action procedures, unless you are exempt. This means attending mediation before applying to change your parenting orders.
For more information, see Pre-action procedures in parenting cases.
Going to court
If you and your ex-partner still can’t agree after you have followed the pre-action procedures, you can apply to the court to change your parenting orders. The court must not reconsider your parenting orders unless:
- there has been a significant change of circumstances since your parenting orders were made, and
- in all the circumstances, it is in the best interests of your child for the court to reconsider your parenting orders.
For more information, see Changing parenting arrangements on the Federal Circuit and Family Court of Australia website.
Notifying Services Australia
If you change your parenting agreement and you have a child support assessment, you must notify Services Australia within 28 days as this may affect your child support assessment and entitlements to Centrelink benefits.
You must notify Services Australia of any changes to your contact details, income, relationship status, or care arrangements for your child.
If you don’t, and you pay child support, you may:
- pay too much
- not pay enough and build up a debt.
If you receive child support, you may:
- be paid late
- not be paid enough
- be paid too much and accrue a debt you must pay back money.
You may also incur a debt with Centrelink that you have to pay back.
For more information, see Child support.
Last update: June 2026
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