Parenting Plans in Victoria
A parenting plan is a written agreement between the parents (or other people with parental responsibility) that sets out how they will care for their children after separation. Many parenting disputes do not arise because parents disagree about what is in their children’s best interests. They arise because expectations were never properly recorded, important issues were overlooked, or circumstances changed over time.
Under the Family Law Act 1975 (Cth), parents may enter into a parenting plan to record agreed parenting arrangements.
Parenting plans in Victoria provide separated parents with a practical way to record agreed arrangements without immediately turning to the Federal Circuit and Family Court of Australia (the Court). A carefully prepared parenting plan can reduce misunderstandings, encourage cooperation, and provide greater certainty for both parents and children.
Parenting plans are not legally enforceable in the same way as parenting orders made by consent or by a contested court hearing.
For families who communicate respectfully and remain committed to working together, a parenting plan can often provide the flexibility needed to respond to children’s changing needs without formal court involvement.
At Shan Lawyers, we help parents prepare thoughtful, practical parenting plans that reflect their family’s circumstances while ensuring they understand their legal rights and the options available if their situation changes.
You've Reached a Verbal Agreement. What Happens Next?
Reaching a verbal agreement about your children’s care is an important first step. It shows that both parents are willing to work together to make arrangements in their child’s best interests.
However, a verbal agreement can sometimes lead to misunderstandings. Parents may remember conversations differently, circumstances may change, or disagreements may arise about what was originally agreed.
To provide greater clarity, it is often beneficial to record the agreement in writing. One option is to prepare a parenting plan, which outlines the parenting arrangements that both parents have agreed upon. A parenting plan can include matters such as where the child will live, the time the child spends with each parent, school holiday arrangements, communication, education, healthcare and other important aspects of the child’s care.
Although a parenting plan is not legally enforceable in the same way as a parenting order made by the court, it provides a clear record of the parents’ intentions and can help minimise future disputes. It also allows parents to review and update the arrangements as their child’s needs change over time.
If parents would like their agreement to become legally binding, they may consider applying for Orders by Consent. Once approved by the Court, Consent Orders have the same legal effect as parenting orders made after a contested hearing and are legally enforceable.
If you are unsure which option is most appropriate for your family’s circumstances, obtaining independent legal advice can help you understand your rights, responsibilities and the available options.
What Can Be Included in a Parenting Plan?
A parenting plan can cover any aspect of a child’s care, including:
- where the child will live;
- the time the child spends with each parent;
- arrangements for weekends, school holidays and public holidays;
- birthdays, Christmas and other special occasions;
- school pick-ups and drop-offs;
- communication between the child and each parent by phone or video call;
- education and schooling decisions;
- medical and healthcare arrangements;
- extracurricular activities;
- religious or cultural matters;
- travel arrangements, including interstate or overseas travel; and
- how parents will communicate about important decisions affecting the child.
Every family is different, so parenting plans should be tailored to the child’s individual needs.
Practical Tips When Preparing a Parenting Plan
When preparing a parenting plan, parents should:
- keep the child’s best interests as the primary focus;
- be clear and specific about arrangements;
- consider practical matters such as transport and changeover times;
- include arrangements for holidays and special occasions;
- communicate respectfully throughout the process; and
- Obtain independent legal advice if you are unsure about your rights or obligations.
Parenting Plans vs Consent Orders
Parents often ask whether a parenting plan provides the same protection as Consent Orders.
Although both records agree on parenting arrangements, they serve different purposes.
A parenting plan is a private written agreement that offers flexibility. Parents can usually update it together as circumstances change without returning to Court.
Consent Orders, however, are approved by the Federal Circuit and Family Court of Australia and become legally binding once made. They provide greater certainty and can be enforced if one party does not comply.
Choosing between a parenting plan and Consent Orders depends on your family’s circumstances, your ability to communicate effectively, and the level of certainty you need moving forward.
Obtaining legal advice before finalising an agreement helps ensure you choose the option that best supports your children’s long-term interests.
Why Parenting Plans Sometimes Fail
A poorly drafted parenting plan shall fail.
Common issues include unclear wording, assumptions about future arrangements, neglecting to address necessary daily routines that require guidance for both parents, and not considering how changing work schedules or children’s needs may impact existing routines.
Another common mistake is failing to review the plan as children grow. Arrangements that work for a preschool-aged child may no longer be appropriate during secondary school.
A carefully prepared parenting plan should provide clarity without becoming unnecessarily restrictive. It should support cooperation rather than create new uncertainty.
When a Parenting Plan May Not Be the Right Option
A parenting plan may not be suitable where there are concerns about family violence, a power imbalance affecting negotiations, risks to a child’s safety, ongoing conflict, practical difficulties in implementing the arrangements, repeated breaches of previous agreements, or where one parent is unwilling to cooperate.
If the parties are unable to reach a parenting plan on their own, through Family Dispute Resolution, or with the assistance of solicitors, the next step may be to seek the Court’s intervention to determine the parenting arrangements.
How Shan Lawyers Can Help
Preparing a parenting plan involves more than completing a document. It requires careful consideration of how your arrangements will work in practice, both now and in the future.
At Shan Lawyers, we help parents identify practical issues that are often overlooked, prepare clear parenting plans tailored to their family’s needs, and understand whether a parenting plan or Parenting Orders better reflect their circumstances.
If you already have a parenting plan, we can also review it and advise whether changes should be made as your family’s circumstances evolve.
Our goal is to help parents reduce uncertainty, minimise future conflict and create arrangements that place children’s wellbeing at the centre of every decision.
Why Choose Shan Lawyers
Every family is different, and parenting arrangements should reflect that.
At Shan Lawyers, you will work directly with Thirumalai (Shelvi), Principal Lawyer, who provides practical, child-focused family law advice tailored to your circumstances.
Clients trust us because we combine legal knowledge with a practical understanding of the challenges families face after separation. We focus on helping parents make informed decisions, reduce unnecessary conflict and create arrangements that support long-term stability for their children.
Take the Next Step
If you are considering a parenting plan or have already reached an agreement with the other parent, obtaining legal advice before finalising your arrangements can help prevent misunderstandings and provide greater confidence for the future.
Contact Shan Lawyers today to discuss parenting plans in Victoria and receive practical advice tailored to your family’s needs.
Frequently Asked Questions:
Yes. If both parents agree, a parenting plan can include arrangements for children to spend time with grandparents or other significant people in their lives. This can help preserve important family relationships and provide children with additional stability following separation.
Yes. Parents can agree on how interstate or overseas travel will be managed, including notice periods, travel dates, passport arrangements and written consent where appropriate. Discussing these matters in advance can reduce misunderstandings and help avoid future disputes.
Yes. Some families choose to discuss and document parenting arrangements before physical separation occurs. Having a clear plan in place can help make the transition easier and provide greater certainty for both parents and children.
A parenting plan does not determine child support obligations. However, if the arrangements recorded in the parenting plan change the amount of time a child spends with each parent, those care arrangements may be relevant when child support is assessed under Australia's child support system.
Children's needs and views naturally change as they grow older. Depending on the child's age and maturity, parents may need to review existing arrangements to ensure they continue to support the child's best interests. If an agreement cannot be reached, obtaining legal advice can help you understand the available options.
Yes. If both parents agree, they can prepare and sign a new parenting plan that reflects their updated arrangements. Many families review their parenting plans as children's routines, schooling or family circumstances change over time.
While it is not a legal requirement, obtaining legal advice before signing a parenting plan can help you understand the legal effect of the agreement, identify issues that may have been overlooked and determine whether a parenting plan or parenting Orders would better suit your circumstances.
Because parenting plans are not directly enforceable, it is important to obtain legal advice if the agreed arrangements are no longer being followed. Depending on your circumstances, you may be able to negotiate updated arrangements or consider formalising the agreement through Consent Orders or seeking the Court’s intervention.