Parenting Orders vs Parenting Plans: Advice from Sydney Family Lawyers

Deciding how you co-parent your children after separation may be difficult and overwhelming. 

A parenting agreement after separation defines how separated parents will share responsibility for their children’s care, living arrangements, and decision-making. Under the Family Law Act 1975 (Cth), this agreement can take the form of a parenting plan an informal, written agreement or parenting orders, which are legally binding and issued by a court. Parenting plans offer flexibility, while parenting orders provide enforceable protections. Choosing the right option depends on your co-parenting dynamics, level of agreement, and need for legal enforceability.

Understanding the differences between a parenting plan vs parenting order is essential because the choice directly affects:

• how stable and predictable the arrangements will be
• how parenting disputes are managed
• whether the court can enforce compliance
• how easily arrangements can be changed as children grow

For some families, a flexible arrangement that can be updated frequently works well. For others, a legally binding structure is needed for stability, safety, or to manage high-conflict situations.

This guide explains everything you need to know, including:

What parenting plans are and how they work

• What parenting orders are and when they’re necessary
• How consent orders fit into the picture
• How the Family Law Act regulates each option
• Practical examples of when to choose which option
• A full comparison table (coming in the next section)

By the end, you’ll have a detailed understanding of which type of parenting agreement is best suited to your family circumstances.

What Is a Parenting Plan? (Australia)

A parenting plan is a voluntary, written agreement between separated parents that sets out parenting arrangements for their children. It is recognised under section 63C of the Family Law Act 1975 (Cth) but is not a court order and therefore not legally enforceable.

Key Characteristics of a Parenting Plan

A parenting plan must:

• be in writing
• be signed by both parents
• be dated
• be made freely and voluntarily, without coercion or threats

There is no required legal format, which makes parenting plans extremely flexible. They can be created:

privately between parents

• with the assistance of lawyers
• during or after Family Dispute Resolution (FDR)
• through a mediator or counsellor
• using a parenting plan template

Parenting plans

A parenting plan is a written agreement that details parenting arrangements for children. It must be agreed upon and signed by both parties. It can either be drafted independently between the parties or upon successful completion of family dispute resolution. The plan does not have to adhere to a specific format, but must include information about at least one of the following issues:

• Which parent has parental responsibility over the child;
• Who your child lives and spends time with;
• Financial support for your child;
• Communication between the child, the other parent and family members;
• Other aspects of the welfare or development of your child; and
• Processes for changing the plan or resolving disputes.

Advantages of parenting plans

1. You do not need to attend Court to enter into a parenting plan.
2.  They help provide clarity in relation to your parental rights and obligations after separation.
3.  They are cheaper to enter into than parenting orders.
4.  They are generally quicker to enter into than parenting orders.
5.  They are flexible, so there are no limits on the number of times they can be changed.
6.  If your matter goes to Court at a later date, the Court will consider the terms of your most recent parenting plan. This can also be used as evidence of the intention of the parties at the time it was entered into.

Disadvantages of parenting plans

1. They are not legally binding or enforceable as it is not made by the Court.
2.  It is only appropriate to enter into a parenting plan in circumstances where your relationship with your co-parent is amicable.
3.  Misunderstandings or disputes may arise if the terms of your agreement lack necessary detail.
4.  It is harder for victims of domestic violence to be protected during the negotiations process, particular if you do not have a lawyer.

Parenting orders

Unlike parenting plans, parenting orders are made by the Court as a result of consent between both parties or by a decision of a Court Judicial Officer. If it is a result of consent, the parties can agree on the terms of a consent order before it is filed and approved by the Court. Once approved, these orders are treated like any other Court order and are subject to penalties including imprisonment, if they are contravened. If the parties do not consent, an application to the Court to hear their matter can still be made. In this case, the Court can make parenting orders they consider to be in the best interests of the children.

If you wish to apply for consent orders, you can do so by filing an application for consent orders and a copy of the proposed consent orders, with the Court. Your lawyer is able to do this on your behalf.

Advantages of parenting orders

1. They are legally binding and enforceable. A party may make an application to the
2. Court to enforce the order if the other parent has not abided by it.
3. You do not need to attend Court if you apply for consent orders.
4. You can apply for a parenting order without the consent of the other party.
5. They can be changed by a parenting plan unless the orders state otherwise.
6. As legal advice is necessary in these circumstances, there are better protections put in place for victims of domestic violence. Safety and risk are also considered by the

Court when approving or making parenting orders.

Disadvantages of parenting orders

1. The cost of getting the orders made can be significant, particularly as legal advice is necessary.
2. They take longer to be made than a parenting plan, as it is dependent on the wait time after your application to the Court has been filed.
3. They can only be changed in limited circumstances, so they could be inflexible to the changing needs of your child. The Court will not consider the proposed changes unless:
4. There has been a significant change in circumstances since the final parenting order was made; and
5. The Court is satisfied in all the circumstances that it is in the best interests of the child for the orders to be reconsidered.
6.  If orders are changed by a parenting plan, the orders will no longer be enforceable.

Parenting Plan vs Parenting Order: Side-by-Side Comparison

To help you clearly understand the differences between a parenting plan vs parenting order, the table below highlights how each option works in practice. This comparison is based on the Family Law Act 1975 (Cth), practical experience in Australian family law, and common issues parents face after separation.

Parenting Plan vs Parenting Order (Australia)