Deciding how you co-parent your children after separation may be difficult and overwhelming.
A parenting agreement after separation defines how separated parents will share responsibility for their children’s care, living arrangements, and decision-making. Under the Family Law Act 1975 (Cth), this agreement can take the form of a parenting plan an informal, written agreement or parenting orders, which are legally binding and issued by a court. Parenting plans offer flexibility, while parenting orders provide enforceable protections. Choosing the right option depends on your co-parenting dynamics, level of agreement, and need for legal enforceability.
Understanding the differences between a
parenting plan vs parenting order is essential because the choice directly affects:
For some families, a flexible arrangement that can be updated frequently works well. For others, a legally binding structure is needed for stability, safety, or to manage high-conflict situations.
This guide explains everything you need to know, including:
What parenting plans are and how they work
By the end, you’ll have a detailed understanding of which type of parenting agreement is best suited to your family circumstances.
What Is a Parenting Plan? (Australia)
A parenting plan is a voluntary, written agreement between separated parents that sets out parenting arrangements for their children. It is recognised under section 63C of the Family Law Act 1975 (Cth) but is not a court order and therefore not legally enforceable.
Key Characteristics of a Parenting Plan
A parenting plan must:
There is no required legal format, which makes parenting plans extremely flexible. They can be created:
privately between parents
Parenting plans
A parenting plan is a written agreement that details parenting arrangements for children. It must be agreed upon and signed by both parties. It can either be drafted independently between the parties or upon successful completion of family dispute resolution. The plan does not have to adhere to a specific format, but must include information about at least one of the following issues:
Advantages of parenting plans
Disadvantages of parenting plans
Parenting orders
Unlike parenting plans, parenting orders are made by the Court as a result of consent between both parties or by a decision of a Court Judicial Officer. If it is a result of consent, the parties can agree on the terms of a consent order before it is filed and approved by the Court. Once approved, these orders are treated like any other Court order and are subject to penalties including imprisonment, if they are contravened. If the parties do not consent, an application to the Court to hear their matter can still be made. In this case, the Court can make parenting orders they consider to be in the best interests of the children.
If you wish to apply for consent orders, you can do so by filing an application for consent orders and a copy of the proposed consent orders, with the Court. Your lawyer is able to do this on your behalf.
Advantages of parenting orders
Court when approving or making parenting orders.
Disadvantages of parenting orders
Parenting Plan vs Parenting Order: Side-by-Side Comparison
To help you clearly understand the differences between a
parenting plan vs parenting order, the table below highlights how each option works in practice. This comparison is based on the
Family Law Act 1975 (Cth), practical experience in Australian family law, and common issues parents face after separation.
