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Parenting plans
A parenting plan is a signed written agreement between parents (and others, if involved) that sets out the care arrangements for the children. It is important that you get legal advice before making a parenting plan.
If you want to change your parenting plan you can do so at any time but it must be signed and dated by both parents (and others if involved).
Your parenting arrangements may affect the amount of child support you receive. The laws about child support are completely changing, with the major change beginning on 1 July 2008.
It is important that you get legal advice about how these changes may affect you.
A parenting plan made using threats or intimidation from a parent or others involved will not have legal force.
Unless a plan was registered at court before 14 January 2004 it will not have the same effect as court orders. Plans made after that date will not be legally enforceable. However, if you have a parenting order a court will take this to be changed by any agreements made in your latest parenting plan. The court would expect you to act in accordance with that plan.
Making a parenting plan legally enforceable
You can make your parenting plan into a consent order. Consent orders are made by the court with the agreement of parents (and others, if involved). They have the same legal force as other parenting orders.
If you have parenting orders that were made on or after 1 July 2006 and you later make a parenting plan that is different from the orders, you must follow the new plan in the parts where it is different. Sometimes the court says an order cannot be changed this way.
Getting help
A legal aid commission, family relationship centre or other family dispute resolution service may be able to help you make a parenting plan with your ex-partner. See ‘Getting help’ (link below).