Parenting Plan Template (Australia)
A Parenting Plan is a written agreement between separated parents about the care of their children — informal, flexible, and made out of court under section 63C of the Family Law Act 1975. Our free Australian template is fully updated for the Family Law Amendment Act 2023 (commenced 6 May 2024), which abolished the equal-shared-responsibility presumption and rewrote the section 60CC best-interests factors.
Phone: +61 412 345 678
Email: sarah.mitchell@email.com.au
Phone: +61 412 987 654
Email: david.mitchell@email.com.au
This Parenting Plan applies to the following children:
- Oliver J. Mitchell, born 8 May 2018 (currently attending Killara Public School)
- Charlotte K. Mitchell, born 21 October 2020 (currently attending Killara Preschool)
The Parents agree that, in all matters relating to the children, the paramount consideration is the best interests of the children, in accordance with section 60CC of the FLA as amended by the Family Law Amendment Act 2023 (Cth) (commenced 6 May 2024).
2.1 Paramount Consideration: Under section 60CA of the FLA, the best interests of the children are the paramount consideration in making this Plan. The Parents have considered the matters listed in section 60CC of the FLA, in its form following the Family Law Amendment Act 2023 (Cth).
2.2 Safety: The Parents acknowledge that the safety of the children, and the safety of any person who has care of the children, is a paramount factor in this Plan. The Parents commit to take all reasonable steps to protect the children from physical or psychological harm.
2.3 No Presumption of Equal Shared Parental Responsibility: The Parents acknowledge that the Family Law Amendment Act 2023 repealed the former presumption of "equal shared parental responsibility" (former s. 61DA). The arrangements in this Plan are made on the basis of what the Parents agree is in the actual best interests of the children, not by reference to any abolished presumption.
2.4 Child's Views: The Parents will consider the views expressed by the children when making decisions affecting them, having regard to their age and maturity, as required by section 60CC(2)(a) of the FLA.
The children will live with the Parents on a shared equal time basis, alternating between the Parents' households as set out in clause 4 below.
The children will alternate weeks between the Parents' households, with changeovers at school on Friday afternoons during term time.
The children will spend time with each Parent according to the following schedule:
During school term: week-on / week-off, with changeover at school pick-up on Friday afternoon (Parent A collects in even weeks; Parent B collects in odd weeks). During school holidays: alternating weeks as per the term pattern, plus the specific holiday arrangements in clause 7. Each Parent has one mid-week dinner with the children when the children are otherwise with the other Parent, by mutual agreement.
The Parents will be reasonable and flexible in making changes to this schedule from time to time to accommodate the child's school activities, the Parents' work, and unforeseen events, with reasonable advance notice given to the other Parent where practicable.
The Parents agree to share parental responsibility for the children. The Parents will consult one another on, and jointly make, all major long-term decisions about the children (including education, health, religion, name, and place of residence).
The Parents will jointly make all major decisions about education, health, religion, name, and place of residence. Day-to-day decisions are made by the Parent with whom the children are at that time.
Day-to-day decisions (such as routine meals, daily activities, and minor health matters) are made by the Parent with whom the children is/are at that time, without the need for prior consultation with the other Parent.
6.1 Child's Contact with the Other Parent: The children will have free and reasonable telephone, SMS, and video call (FaceTime / WhatsApp) contact with the non-resident Parent at reasonable times. The Parents will support and encourage the children's relationship with the other Parent.
6.2 Parent-to-Parent Communication: The Parents will communicate respectfully and only about matters relating to the children. SMS or email is preferred for non-urgent matters; phone calls are reserved for urgent matters affecting the children. A shared calendar app (e.g., 2houses or OurFamilyWizard) will be used for scheduling.
6.3 No Disparagement: Neither Parent will make negative or disparaging comments about the other Parent, or any member of the other Parent's family, in the presence or hearing of the children, or in any communication with the children.
7.1 Christmas / End-of-Year: The children spend Christmas Eve and Christmas morning (until 11:00 am) with Parent A in even years and Parent B in odd years. The other Parent takes the children from 11:00 am Christmas Day until Boxing Day evening. The pattern reverses each year.
7.2 Easter: Good Friday with Parent A; Easter Sunday with Parent B. Pattern alternates each year.
7.3 School Holidays (other): School holidays (other than Christmas and Easter) split equally on a week-on / week-off basis, with the Parents to agree the first week each holiday period at least 14 days before the holiday begins.
7.4 Birthdays: The children's birthdays alternate between the Parents each year — the children spend their birthday with the Parent whose normal week it is, unless the Parents agree otherwise. The non-resident Parent has a separate celebration on the closest weekend.
7.5 Cultural and Religious Observances: The children will continue to attend St. Stephen's Anglican Church when with Parent A, consistent with their existing religious practice. Both Parents support the children's involvement in family cultural events.
Holiday arrangements take precedence over the ordinary spend-time schedule in clause 4 above.
8.1 Education: Both Parents are equally involved in school decisions. The children will continue at Killara Public School and Killara Preschool. Any change of school, choice of high school, or extracurricular school activity is a joint decision requiring written agreement.
8.2 Health and Medical: Routine medical care (GP visits, dentist, eye care) is provided by the Parent with whom the children are at that time, with prompt notification to the other Parent. Major medical decisions (surgery, mental health treatment, specialist referrals, vaccinations beyond the standard schedule) require joint written consent.
8.3 Extracurricular Activities: Existing activities (Oliver: Saturday swimming, soccer in winter season; Charlotte: ballet on Tuesday afternoon) will continue, with the resident Parent responsible for transport and registration in their weeks.
9.1 Interstate Travel: Interstate travel of 5 or more nights requires 14 days' prior written notice to the other Parent and an itinerary including dates, destinations, and contact details.
9.2 International Travel: International travel requires the written consent of both Parents at least 28 days before departure, with full itinerary and emergency contact details provided. Both Parents acknowledge the Hague Convention on the Civil Aspects of International Child Abduction and the Australian Federal Police Family Law Watchlist as protections against international child abduction. The Parents acknowledge that overseas travel with a child of the marriage / de facto relationship may require the written consent of both Parents under the Family Law (Hague Convention on International Child Abduction) Regulations 1986 (Cth).
9.3 Passports: Existing passports are held by Parent A in a sealed envelope at the family solicitor (Mitchell and Co Lawyers). Renewal of either child's passport requires the joint written consent of both Parents and personal attendance by both Parents at the Passport Office (or compliance with the no-objection procedure under the Australian Passports Act 2005 (Cth)). The Parents acknowledge that issuance of an Australian passport for a child under 18 requires the written consent of every person with parental responsibility under the Australian Passports Act 2005 (Cth).
10.1 Changeover Location: Killara Public School at school pick-up time on Friday afternoons during term; the Parent A residence at 4:00 pm on Sundays during school holidays.
10.2 Changeover Party: The receiving Parent collects the children. If the receiving Parent is unavailable, a nominated family member (grandparent or close relative) may collect with prior written notice.
10.3 Changeover Safety: Changeover is to occur calmly and without conflict in the presence of the children. Either Parent may bring a support person if necessary.
11.1 Family Dispute Resolution: If a dispute arises about this Plan, the Parents will, before commencing any court proceedings, attempt to resolve the dispute through Relationships Australia NSW (or another Family Dispute Resolution provider accredited under s. 10G of the FLA). Section 60I of the FLA requires a Section 60I Certificate before filing parenting proceedings in court, except where exceptions apply (such as family violence or urgency).
11.2 Review: The Parents will review this Plan 12 months from the Plan Date, and additionally when Oliver commences high school (estimated 2030), or earlier if a material change of circumstances arises (such as relocation, change of school, new partner, change in the children's age or developmental needs).
11.3 Variation: The Parents may vary this Plan from time to time by written agreement. A varied plan supersedes this Plan to the extent of any inconsistency.
11.4 Consent Orders: Either Parent may apply to the Federal Circuit and Family Court of Australia for Consent Orders under section 87 of the FLA on terms substantially equivalent to this Plan if a legally enforceable order is required (for example, for international travel or to deal with a recalcitrant Parent).
12.1 Effect: This Parenting Plan takes effect on the Plan Date and continues until it is varied in writing or replaced by Consent Orders or a parenting order of the Federal Circuit and Family Court of Australia.
12.2 Governing Law: This Plan is made under and governed by the Family Law Act 1975 (Cth) as amended by the Family Law Amendment Act 2023 (Cth), and the laws of New South Wales.
12.3 Counterparts: This Plan may be executed in counterparts, each of which is an original, and all of which together constitute one instrument.
Signed by both Parents on 4 June 2026.
What Is a Parenting Plan?
A Parenting Plan is a signed and dated written agreement between two or more parents (or persons with parental responsibility) about the care, welfare, and development of a child. Section 63C of the <em>Family Law Act 1975 (Cth)</em> defines what a parenting plan is, what it can cover, and the legal effect it has. Parenting Plans typically cover where the child lives, the time the child spends with each parent, how parental responsibility is allocated, communication arrangements, holidays and special occasions, education and health decisions, travel, and dispute resolution.
A Parenting Plan is <strong>not</strong> a court order. It is not enforceable in the same way as a parenting order or Consent Order issued by the Federal Circuit and Family Court of Australia. The plan is a record of what the parents have agreed, and it is what the Court will look at first if the parents later disagree. Parents who want their parenting arrangements legally enforceable can apply to the Court under section 87 of the FLA for Consent Orders — typically on terms substantially equivalent to the Parenting Plan. The Family Court can also vary a Parenting Plan into orders if the Court is satisfied that the plan is in the child's best interests.
The <em>Family Law Amendment Act 2023 (Cth)</em>, which commenced on <strong>6 May 2024</strong>, made significant reforms to the parenting provisions of the FLA. The amendments <strong>repealed the former presumption of equal shared parental responsibility</strong> in section 61DA, and replaced the section 60CC best-interests checklist with a simplified six-factor test focused on safety. The reforms reflect more than two decades of debate about how the law should approach separated-family parenting, prompted in part by the Australian Law Reform Commission's 2019 report and the concerns of family-violence advocates. Our template tracks the new framework.
What's Covered in This Template
Our Australian Parenting Plan template covers all the elements section 63C contemplates and gives effect to the 2024 FLA reforms.
Parent and Child Details
Both Parents' contact details, date of separation, and a repeatable-row list of each child with date of birth and current school.
Best Interests Framework
Tracks the post-6-May-2024 section 60CC and explicitly notes that the equal-shared-responsibility presumption is abolished.
Live-With Arrangements
Four standard patterns: shared equal time, primarily with Parent A, primarily with Parent B, or other / custom.
Spend-Time Schedule
Detailed time arrangements covering school term and school holidays, mid-week dinners, and flexibility provisions.
Parental Responsibility Allocation
Shared / sole-to-one-Parent / split — matches the actual best-interests approach now required after the 2024 reform.
Communication Framework
Child-to-Parent contact, Parent-to-Parent communication preferences, and a no-disparagement rule.
Expert: Holidays and Special Occasions
Specific Christmas, Easter, school holidays, birthdays, and cultural/religious arrangements — most-disputed area.
Expert: Education and Health Decisions
Section 4(1) "major long-term issues" framework — who decides what, with consultation processes.
Expert: Travel and Passports
Interstate notification, international consent (Hague Convention 1980), and passport storage / renewal under Australian Passports Act 2005.
Expert: Changeover Arrangements
Neutral location, named collector, and safety protocols — reduces in-front-of-children parental conflict.
Expert: Dispute Resolution
Pre-named Family Dispute Resolution provider for the mandatory section 60I FDR step before any court application.
Expert: Family Violence Acknowledgement
Optional section 4AB FLA clause for plans made in the shadow of family violence allegations or history.
How to Create a Parenting Plan
Follow these steps to prepare a Parenting Plan that gives effect to section 63C of the FLA.
- 1
List Parents and Children
Enter both Parents' details and add each child as a row with name, date of birth, and current school. The repeatable-row supports up to 8 children.
- 2
Choose Living and Time Arrangements
Select the primary live-with pattern (shared equal, primarily Parent A, primarily Parent B, or custom). Then describe the spend-time schedule for school term and holidays.
- 3
Allocate Parental Responsibility
Choose shared, sole to one Parent, or split by subject area. The 2024 FLA reform abolished the equal-shared-responsibility presumption — your choice should reflect the actual best interests of the children.
- 4
Add Expert Provisions (Optional but Recommended)
Use the Expert version to add holiday patterns (Christmas, Easter), education and health decision rules, travel and passport arrangements, and dispute-resolution mechanism with a pre-named FDR provider.
- 5
Sign, Date, and Distribute
Both Parents sign and date the Plan. Keep signed copies. The Plan takes effect from the Plan Date and continues until varied in writing or replaced by Consent Orders.
Legal Considerations
Parenting Plans are powerful but technical — and the 2024 FLA reforms changed the landscape.
This template is for informational purposes only and does not constitute legal advice. Parenting matters are highly fact-specific, and the 2024 FLA reforms remain newly bedded down with limited case-law guidance. Where family violence is alleged, or where there are significant safety concerns about a child, seek advice from a family lawyer or call 1800RESPECT (1800 737 732) immediately. A Parenting Plan is not a substitute for a Consent Order where legal enforceability is required.
Reviewed for Australian law
Parenting Plan vs Consent Order
A Parenting Plan under section 63C is a written agreement between parents — flexible, low-cost, and made without court involvement. It is not directly enforceable. A <strong>Consent Order</strong> under section 87 of the FLA is the Plan converted into a formal court order, made by the Federal Circuit and Family Court of Australia. Consent Orders are enforceable through contempt and contravention proceedings under Part VII Division 13A of the FLA. The application is filed with a Family Court Form 11 and supporting affidavit, and is generally approved without a hearing if the Court is satisfied the orders are in the child's best interests. Many parents start with a Parenting Plan and convert it to Consent Orders if circumstances stabilise.
The 6 May 2024 Family Law Reforms
The <em>Family Law Amendment Act 2023 (Cth)</em> reformed Part VII (Children's matters) of the FLA effective 6 May 2024. Key changes: (a) <strong>Section 61DA repealed</strong> — the presumption of equal shared parental responsibility is gone; courts and parents now decide allocation based on the child's actual best interests; (b) <strong>Section 60CC rewritten</strong> — a simplified 6-factor best-interests test, with safety paramount; (c) <strong>Reconsideration of orders</strong> — final orders can be varied where there is a significant change of circumstances, with explicit consideration of any family violence; (d) <strong>Independent Children's Lawyer</strong> changes — ICL appointment scope clarified.
Section 60I FDR Certificate Requirement
Under section 60I of the FLA, the Federal Circuit and Family Court of Australia generally cannot hear a parenting application unless the applicant produces a <strong>Section 60I Certificate</strong> issued by a Family Dispute Resolution practitioner accredited under s. 10G. The Certificate confirms that the parents have attempted FDR or that FDR is not appropriate (e.g., because of family violence, urgency, or the other party's refusal). Pre-naming an FDR provider in this Plan creates a clear first step and avoids procedural delays if a dispute arises. Common providers include Relationships Australia, Family Relationships Centres, and private FDR practitioners.
International Travel and the Hague Convention
Taking a child overseas without the written consent of every person with parental responsibility can constitute <strong>international child abduction</strong>. Australia is a Contracting State to the <em>1980 Hague Convention on the Civil Aspects of International Child Abduction</em>, given effect by the <em>Family Law (Hague Convention on International Child Abduction) Regulations 1986 (Cth)</em>. Australia also operates the <em>Australian Federal Police Family Law Watchlist</em>, which can stop a child from leaving the country at the international border. A passport for a child under 18 requires the written consent of every person with parental responsibility under section 11 of the <em>Australian Passports Act 2005 (Cth)</em>. The Plan addresses all of these protections.
Family Violence — Section 4AB Definition
Section 4AB of the FLA defines family violence as "violent, threatening or other behaviour by a person that coerces or controls a member of the person's family ... or causes the family member to be fearful". Family violence includes assault, sexual assault, stalking, repeated derogatory taunts, intentional damage to property, controlling finances, social isolation, and threats. Where family violence is present or alleged, the section 60I FDR requirement does not apply, and the section 60CC best-interests test gives prominence to the safety factor. Our template includes an optional family-violence acknowledgement clause and a recommendation to seek legal advice from a family lawyer.
Frequently Asked Questions
Reach Agreement, Protect the Children
Create a comprehensive Australian Parenting Plan with our free template — updated for the 6 May 2024 Family Law reforms. Define living arrangements, time, decisions, holidays, and FDR pathway. Download the PDF in minutes.
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