Parenting
Plans
A well-drafted parenting plan gives separated parents a clear, practical framework for raising their children — without the cost or stress of going to court.
A parenting plan records agreed arrangements for your children in writing. It covers where the children live, time with each parent, schooling, holidays, and how decisions are made. Unlike a parenting order, a parenting plan is not enforceable by the court — but it provides clarity, reduces conflict, and can be converted to a formal order if needed. Purcell and Purcell Pty Ltd helps parents draft plans that are comprehensive, realistic, and built to last.
Parenting plan services
We draft parenting plans that cover all the issues parents need to agree on — day-to-day care, school terms, holidays, special occasions, communication between the children and the other parent, and how major decisions (schooling, medical, religion) will be made. A thorough plan prevents future disputes.
The plan should clearly define where the children primarily live, the schedule for time with each parent, and what happens during school holidays and public holidays. We help you think through the practicalities — changeover logistics, travel, and how arrangements evolve as children grow.
Under the Family Law Act 1975, parents share equal responsibility for major decisions about their children unless a court orders otherwise. A parenting plan should specify how decisions about education, health, and religion will be made and what happens when parents disagree.
Parenting plans are not permanent. As children grow, as work arrangements change, or as parents' circumstances evolve, the plan may need updating. We advise on varying existing plans by agreement and ensure any changes are properly recorded in writing to avoid future uncertainty.
A parenting plan is not enforceable by the court — if one party stops following it, your only option is to go back to court. Converting your plan to consent orders gives it legal force. We advise on when formalising arrangements is the right step and handle the consent order application.
Parenting disputes — when it breaks down →Where parents are not in agreement, a parenting plan can be reached through family dispute resolution (mediation). Mediation is generally required before any court application for parenting orders. We advise and support you through the mediation process and draft the plan that follows.
Mediation — full details →Clarity now.
Less conflict later.
The best time to get a parenting plan in place is as soon as possible after separation — before informal arrangements harden into entrenched positions or disputes arise. A clear plan gives everyone certainty and gives the children stability.
We help parents focus on what actually matters: practical arrangements that work for the children and are realistic for both parents to follow. We keep the drafting process straightforward and avoid unnecessary complexity.
If your situation has reached the point where a plan is not possible by agreement, see our parenting disputes page for advice on the next steps.
Parenting plans FAQs
A parenting plan is a written agreement between parents about arrangements for their children. It must be signed and dated by both parents. It is not a court order — it is not enforceable by the court if one parent stops following it. However, it is an important document that records the agreed arrangements and can be used as evidence of what was agreed if a dispute arises later. To make arrangements legally enforceable, they must be recorded in consent orders.
A thorough parenting plan should address: where the children live and the regular care schedule; holiday and special occasion arrangements; how major decisions (schooling, medical, religion) will be made; how parents will communicate with each other and with the children; what happens if one parent wants to relocate; arrangements for changeover; and how disputes about the plan will be resolved. The more comprehensive the plan, the less room for future disagreement.
Parenting orders are made by the court — either by consent or after a contested hearing — and are legally enforceable. A parenting plan is an agreement between parents and is not enforceable by the court. If a parent breaches a parenting order, the other parent can apply to the court for enforcement. If a parent breaches a parenting plan, the other parent cannot enforce it through the courts — they would need to apply for parenting orders instead. For many families, a parenting plan is the right starting point; for others, formal orders provide greater security.
No — there is no legal requirement to use a lawyer. However, a lawyer-drafted plan is more likely to be comprehensive, to anticipate issues that commonly arise, and to use language that is clear and unambiguous. A poorly drafted plan often leads to the same disputes it was meant to prevent. We can draft a plan based on what you have already agreed, or help you work through the issues and reach agreement before drafting.
Under the Family Law Act 1975, a parenting plan signed after existing parenting orders are in place will override those orders to the extent of any inconsistency — provided both parents have signed the plan. However, this can create uncertainty and complications. If you have existing court orders and want to change the arrangements, we recommend converting any agreed changes to new consent orders rather than relying on a parenting plan to vary existing orders.
If you cannot reach agreement, the next step is usually family dispute resolution (mediation). Mediation is generally required before applying to court for parenting orders. If mediation is unsuccessful, you will receive a Section 60I certificate that allows you to file proceedings. See our parenting disputes page for full detail on what happens when agreement cannot be reached.
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