Making a parenting plan

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.

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 your 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.

Who can make a parenting plan

A parenting plan must be made between both parents of a child. However, it can also include other people if both parents agree, such as:

• grandparents
• step-parents
• siblings
• extended family, including aunts and uncles
• other people who are concerned with the care, welfare and development  of a child.

Parents

Under the law, there is no set definition of who is a parent.

A parent may include:

• a biological mother (unless she is a surrogate mother)
• a biological father
• a de facto partner
• adoptive parents
• the same sex partner of a mother where the child was conceived by artificial conception and the partner agreed to the conception.

There are some situations where a person is considered to be a parent, for example, because they were married or living with the mother at the time of conception.

In some circumstances a biological parent may not be a legal parent of a child, for example, sperm or egg donors.

If you are unsure whether you are considered a parent, you should get legal advice.

Drafting your parenting plan

A parenting plan can be set out in any format. There are no rules about how a parenting plan must be set out or what words you must use. It is important that, however you set out your parenting plan, it is clear and easy to read. This will help to avoid future misunderstandings and disputes about the terms of your agreement.

For more information, see Drafting your parenting plan.

Changing your parenting plan

You can change your parenting plan at any time by making a new agreement with the other parent. If you have made a new agreement, you can:

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

You should check whether your current parenting plan states how you can make changes and deal with disputes.

There is no limit to the number of times you can change your parenting plan.

For more information, see Changing your parenting arrangements.

Case study

Esperance and Jules have recently separated. They want to make a written parenting agreement for their three young children. They have an amicable relationship and were able to make a verbal parenting agreement shortly after separating. They have been exploring their options to put their agreement in writing.

For more information, see Case study – Making a parenting plan.