A parenting plan can take any form, but to be a parenting plan under the Family Law
Act 1975 it must be in writing, signed and dated by both parents. It must be made free from
any threat, duress or coercion.
A parenting plan is not legally enforceable and is different from a parenting order, which is
made by a court. Parents who make a parenting plan can ask the court to make an order in
the terms of that plan. Once made, these orders are legally binding – they have the same
effect as any other parenting order made by a court.
If parents end up in court at some later date, the court must consider the terms of the most
recent parenting plan when making parenting orders in relation to the child, if it is in the
best interests of the child to do so. The court will also consider the extent to which both
parents have complied with their obligations in relation to the child, which may include the
terms of a parenting plan.
If there is a court order made after 1 July 2006 setting out parenting arrangements, the
parents can agree to change those arrangements by a parenting plan (unless the court order
says otherwise). This makes it easier for parents to agree on changes without going back to
court.
If your parenting plan does change an existing parenting order, you may not be able to
enforce those parts of your old parenting order that are inconsistent with the terms of your
new parenting plan.
