Many parents often ask: can a parenting plan be legally enforced in Australia?
At our Nundah law firm, we often help clients decide if a parenting plan suits their needs. In this article, our experienced family lawyers explain the legal status of parenting plans in Australia, how they differ from court orders, and what steps to take if you want a binding arrangement.
What is a Parenting Plan?
A parenting plan is a written agreement between separated parents about how they will care for their child or children. Under Section 63C of the Family Law Act 1975 (Cth), a valid parenting plan must:
- Be in writing,
- Be signed and dated by both parents, and
- Be made voluntarily, without threat or coercion.
Parenting plans often cover details like:
- Where the child will live,
- Time spent with each parent,
- How parents will communicate, and
- Decision-making on education, health, and other major issues.
Many families on the northside of Brisbane find parenting plans helpful for creating clarity and structure, especially when separations are amicable.
Can a Parenting Plan Be Legally Enforced?
This question comes up a lot at our Nundah law firm. The short answer is:
- No, parenting plans are not legally enforceable in Australia.
If one parent doesn’t follow the parenting plan, the other cannot enforce it through the Federal Circuit and Family Court of Australia. There are no legal penalties for breaking a parenting plan unless it becomes a consent order.
However, parenting plans can still:
- Serve as evidence of the agreed arrangements,
- Help guide discussions and reduce conflicts, and
- Form the basis for applying for a court order.
How to Make a Parenting Plan Legally Binding
While parenting plans are not legally enforceable, they work well for many couples. If you want your parenting agreement to be legally binding, you have options.
You can apply for consent orders through the Federal Circuit and Family Court of Australia. Consent orders are legally binding and have the same effect as court-issued parenting orders.
If either parent breaches a consent order, the other can enforce it through the court system.
At our northside Brisbane law firm in Nundah, we help draft parenting plans and file the necessary paperwork to convert them into enforceable consent orders.
To learn more about consent orders, read our family law article.
Contact us here to book an appointment with one of our friendly family law solicitors.