Is a parenting plan legally binding?

Not automatically. A parenting plan is a private agreement. If parents want it to be binding and enforceable, they can apply jointly for a consent parenting order under section 40 of the Care of Children Act 2004. Even without a court order, a signed plan is strong evidence of what parents agreed.

Do we need a lawyer to make a parenting plan?

No. Many parenting plans are made without lawyers. However, where there has been conflict, family violence, or complex care needs, legal advice through the Family Legal Advice Service or a private lawyer is strongly recommended.

What happens if we can’t agree?

In New Zealand, parents who can’t agree usually attend Family Dispute Resolution (FDR) first, which is confidential mediation under the Family Dispute Resolution Act 2013. If FDR doesn’t resolve matters, either parent can apply to the New Zealand Family Court for a parenting order.

Can we include financial support in the plan?

You can reference it, but formal child support is usually handled separately — either through a private agreement registered with Inland Revenue, or through a formula assessment under the Child Support Act 1991. The plan can note the existing arrangement.

How often should we review the plan?

At least annually, and when the children’s circumstances change significantly — starting school, moving schools, needing more or less overnight contact, or when a parent’s work arrangements change.

Can the plan be changed?

Yes — by written agreement between the parents. If the plan has been turned into a court order, the order can be varied by further agreement or by application to the Family Court if agreement can’t be reached.

What if one parent breaches the plan?

For an informal plan, the remedies are limited — typically further negotiation or FDR. If the plan is a parenting order, the court can enforce compliance under Part 2 of the Care of Children Act 2004, including admonishment, orders for cost payment, or variation of the parenting order.

FamilyNZ

Parenting Plan Template

A parenting plan records the arrangements separated parents agree for their children’s care, contact, and upbringing. Use our free New Zealand template to document day-to-day care, holidays, and shared decision-making under the Care of Children Act 2004.

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PARENTING PLAN

Voluntary Parenting Agreement — Care Of Children Act 2004 (CCA 2004)

PARENT 1

James R. Tane

42 Remuera Road, Remuera, Auckland 1050

By: +64 21 444 0123 · james.tane@email.com

PARENT 2

Sophie L. Tane

15 Victoria Avenue, Remuera, Auckland 1050

By: +64 21 555 0456 · sophie.tane@email.com

Date: 15 April 2026

Children: Oliver James Tane (born 12 March 2018) and Mia Rose Tane (born 5 July 2021)

IMPORTANT NOTICE — NOT A COURT ORDER: This Parenting Plan is a voluntary agreement between the parents. It is not a court order and is not automatically enforceable by the Family Court. If either parent wishes to make this arrangement legally enforceable, they may apply to the Family Court to make a parenting order under the Care of Children Act 2004 (CCA 2004). Both parents are encouraged to obtain independent legal advice. Under CCA 2004, s 5, the welfare and best interests of the child are the paramount consideration in all parenting decisions.

This Parenting Plan is made between James R. Tane ("Parent 1") and Sophie L. Tane ("Parent 2") on 15 April 2026. It sets out the parents' agreed arrangements for the care, welfare, and development of their child/children: Oliver James Tane (born 12 March 2018) and Mia Rose Tane (born 5 July 2021). Both parents are committed to acting in the best interests of the child/children, consistent with the principles of the Care of Children Act 2004 (CCA 2004), particularly s 5 (welfare and best interests paramount).

CHILDREN COVERED BY THIS PLAN

This Parenting Plan applies to the following child/children: Oliver James Tane (born 12 March 2018) and Mia Rose Tane (born 5 July 2021). The Parties confirm that this Plan is intended to serve the welfare and best interests of each child, having regard to each child's age, developmental needs, established relationships, and the ability of each parent to provide for the child's day-to-day care (CCA 2004, s 5).

DAY-TO-DAY CARE ARRANGEMENTS

The parents have agreed that the children will be cared for on the basis of week-about (alternating weeks — one week with each parent). The day-to-day care of the children shall be provided primarily by both parents (shared care). Both parents acknowledge that these arrangements may need to be reviewed as the children's needs, ages, and circumstances change over time, and that the welfare of the children is the paramount consideration in any revision.

CONTACT SCHEDULE

The detailed contact and care schedule is as follows: week-about (alternating weeks — one week with each parent). Contact time includes reasonable telephone, video call, and electronic communication contact between each parent and the children during the other parent's care time, subject to the children's schedules and welfare. Contact arrangements should be flexible to accommodate the children's changing needs, school commitments, and extracurricular activities.

SCHOOL HOLIDAYS

School holiday time shall be arranged as follows: divided equally between both parents, alternating each school holiday period, with at least 14 days advance notice for any travel. In general, school holidays shall be divided as equally as reasonably practicable between both parents, with advance notice of at least 14 days for any holiday travel. Christmas Day, New Year's Day, and school term half-term breaks shall be alternated between the parents in each calendar year where possible. The parents agree to be flexible and to prioritise the children's enjoyment of holiday time with both parents.

COMMUNICATION BETWEEN PARENTS

The parents agree to communicate with each other primarily via text message and email. All communications shall be respectful, child-focused, and conducted in a manner that does not expose the children to parental conflict. The parents shall not make negative comments about the other parent to or in the presence of the children. Both parents shall keep the other parent informed of any significant matters affecting the children's health, welfare, education, or wellbeing in a timely manner.

HANDOVER ARRANGEMENTS

The handover of the children between the parents shall take place at a mutually agreed location. The handover shall occur at the agreed times and shall be conducted in a calm and positive manner. If a parent is unable to attend a scheduled handover, they shall give the other parent as much notice as reasonably possible and shall make reasonable alternative arrangements. The parents agree that handover should be a positive experience for the children.

RELOCATION

If either parent intends to relocate within or outside New Zealand in a way that would significantly affect the children's care arrangements, that parent shall give the other parent at least 60 days written notice. The parents shall attempt to reach agreement on revised parenting arrangements before any relocation. If agreement cannot be reached, either parent may apply to the Family Court under the Care of Children Act 2004 (CCA 2004, ss 46R–46Z) for orders relating to relocation. Relocation decisions shall at all times prioritise the welfare and best interests of the children.

REVIEW AND VARIATION

The parents agree to review this Parenting Plan at least annually or at any time when there is a significant change in the children's or either parent's circumstances. Variations shall be made in writing and signed by both parents. Either parent may request a review meeting at any time by giving the other parent reasonable notice. Both parents commit to engaging constructively in any review process.

SPECIAL OCCASIONS AND PUBLIC HOLIDAYS

The Parties agree to the following arrangements for special occasions and public holidays: (a) Christmas: Christmas Eve and Christmas Day shall alternate annually between the parents; (b) Easter: Good Friday and Easter Monday shall alternate between the parents; (c) Mother's Day and Father's Day: the children shall spend each day with the relevant parent, regardless of the normal care schedule; (d) Birthdays: each child's birthday shall be celebrated with each parent if practicable, or arrangements shall be made for each parent to have time with the child on or near the birthday; (e) Other Public Holidays: to be arranged between the parents giving reasonable advance notice. The parents agree that flexibility and good communication will ensure the children enjoy all significant occasions with both parents.

10.

DECISION MAKING — EDUCATION, HEALTH AND RELIGION

(a) Education: Decisions regarding the children's schooling, enrolment, educational assessments, and extracurricular activities shall be made jointly by both parents. Both parents shall be entitled to receive school reports and attend parent-teacher interviews. (b) Health and Medical Care: Day-to-day health decisions (including routine medical appointments) may be made by the parent who has the children at the relevant time. Significant health decisions (including elective surgery, specialist referrals, and changes to ongoing medical treatment) shall be made jointly by both parents. Each parent shall promptly notify the other of any medical emergency or significant illness. (c) Religion and Culture: Decisions regarding the children's religious upbringing and cultural practices shall be made jointly by both parents. Both parents shall support the children's connection to their cultural identity, including their Māori or other cultural heritage where applicable. These arrangements are consistent with the duties imposed under CCA 2004, s 16.

11.

DISPUTE RESOLUTION — FAMILY DISPUTE RESOLUTION

If a dispute arises in connection with this Parenting Plan that the parents cannot resolve by direct communication: (a) the parents shall first attempt mediation through a Family Dispute Resolution (FDR) service as provided under the Care of Children Act 2004 (CCA 2004, ss 46EA–46EH); (b) FDR services are available through the Ministry of Justice and approved FDR providers; participation in FDR may be required before a party can file certain applications in the Family Court; (c) if FDR is unsuccessful or is not appropriate in the circumstances (e.g. where there are safety concerns), either parent may apply to the Family Court for a parenting order under the CCA 2004; (d) neither parent shall unilaterally make a decision that contravenes this Plan without first attempting to resolve the matter through FDR or Family Court proceedings, except in cases of genuine emergency affecting a child's immediate safety.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

PARENT 1

James R. Tane

Date: ____________________

PARENT 2

Sophie L. Tane

Date: ____________________

What Is a Parenting Plan?

A parenting plan is a written agreement between parents (and, where appropriate, other guardians) setting out the day-to-day care arrangements for their children after separation. It covers where the children will live, when they will spend time with each parent, how holidays and special occasions will be handled, and how significant decisions about the children will be made.

In New Zealand, parenting plans operate alongside the Care of Children Act 2004, which treats the welfare and best interests of the child as the paramount consideration (section 4). The Act provides that parents continue to be guardians after separation (section 17) and must cooperate on important guardianship decisions. A parenting plan is a practical, private way to give effect to these statutory expectations.

While parenting plans are not automatically legally binding, they can be: (a) lodged with the Family Court for approval as a parenting order under section 40; or (b) referred to in subsequent disputes as evidence of the parents’ agreed approach. Most separated New Zealand families operate under a written plan without court involvement, moving to formal orders only if agreement breaks down.

What's Covered in This Template

Our parenting plan template covers every arrangement separated New Zealand parents typically need to agree.

Parties and Children

Names and dates of birth of each parent/guardian and each child covered by the plan.

Day-to-Day Care

Where the children will primarily live and the regular weekly or fortnightly schedule.

Contact Arrangements

When the children will spend time with each parent, including overnights and weekend schedules.

School Holidays

Allocation of school holiday periods and extended breaks between parents.

Special Occasions

Arrangements for birthdays, Christmas, Easter, Matariki, and other family or cultural celebrations.

Communication with Children

Phone, video call, and written communication when the children are with the other parent.

Guardianship Decisions

How major decisions will be made — education, medical treatment, religion, cultural identity, international travel.

Day-to-Day Decisions

Decisions the parent with care can make without consulting the other parent.

Handover Arrangements

Time, place, and manner of handover, including arrangements that reduce conflict.

Financial Support

Reference to any private child support agreement or Inland Revenue child support arrangements.

Dispute Resolution

Agreement to attempt Family Dispute Resolution (FDR) before any court application.

Review Mechanism

Commitment to review the plan annually or as the children’s needs evolve.

How to Create a Parenting Plan

Complete the steps below to produce a thorough, child-focused parenting plan.

1
Enter Parent and Child Details
Provide each parent’s and guardian’s details and the names and dates of birth of each child.
2
Decide on Day-to-Day Care
Agree where each child will primarily live and the regular weekly/fortnightly schedule.
3
Plan Holidays and Special Occasions
Allocate school holidays, birthdays, Christmas, Easter, and other significant dates in advance.
4
Agree Decision-Making Processes
Identify which decisions require joint consent and which each parent can make alone.
5
Review and Sign
Review with the other parent (and a counsellor or lawyer if helpful), sign, and keep a copy for each parent.

Legal Considerations

Parenting arrangements in New Zealand are guided by the Care of Children Act 2004 and by the overriding principle that the child’s welfare comes first.

This template is provided for informational purposes only and does not constitute legal advice. For complex or high-conflict situations, or where safety concerns exist, consult a New Zealand family lawyer or contact Family Legal Advice Service.

Aligned with the Care of Children Act 2004

Welfare and Best Interests Principle

Section 4 of New Zealand’s Care of Children Act 2004 makes the welfare and best interests of the child the paramount consideration in all decisions about their care. Section 5 lists the principles the New Zealand Family Court must apply, including the child’s safety, continued relationship with both parents, and the child’s identity (including cultural identity). A good parenting plan should visibly reflect these principles.

Guardianship After Separation

Under section 17 of the Act, both parents remain guardians after separation unless a court orders otherwise. Guardians must act jointly on important matters such as: name changes, changes of residence that affect the child’s relationship with the other guardian, overseas travel for more than three months, medical procedures (other than routine treatment), and enrolment in school or a different religion. The parenting plan should record how these decisions will be made.

Family Dispute Resolution (FDR)

Under New Zealand’s Family Dispute Resolution Act 2013, most parents must attempt FDR before applying to the Family Court for a parenting order. FDR is a confidential, child-focused mediation process. Including an agreement to attempt FDR before any court application in the parenting plan is good practice and consistent with the Act.

Turning a Plan into a Court Order

Where parents want the plan to be binding and enforceable by the Family Court, they can apply under section 40 of the Care of Children Act 2004 for a consent parenting order. The court will approve the order if it is satisfied that the arrangements are in the children’s welfare and best interests. Many separated families operate informally with a plan and only seek orders if disputes arise.

Frequently Asked Questions

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