Parenting Plan Mediation — arrangements built around your kids.
A parenting plan is the practical agreement that runs your kids' lives after separation — where they live, when they see each parent, how decisions get made. Mediation is how most Australian parents build one that actually works in real life, rather than handing the decision to a court.
Key takeaway
A parenting plan is a written, signed agreement between parents covering living arrangements, time with each parent, decision-making, and communication. It's not directly enforceable by a court — for that you need consent orders — but it's the practical, flexible framework most separated families actually run their lives by. Mediation is how parents build a parenting plan that holds together, fast and at a fraction of the cost of court.
What is a parenting plan?
A parenting plan is a written agreement between parents that sets out how they'll share the care and raising of their children after separation. It covers the practical details — where the children live, the time they spend with each parent, how decisions are made, how communication happens — in enough detail to actually function as a working arrangement.
It must be in writing, signed by both parents, and dated. It can be reached directly or, more often, through family law mediation. The Family Law Act recognises parenting plans as the way parents typically organise life after separation — they're explicitly contemplated in the legislation as a legitimate alternative to court orders.
Parenting plan vs consent orders
This is the most important distinction to understand. A parenting plan and consent orders cover similar ground, but they're not the same thing:
| Parenting plan | Consent orders | |
|---|---|---|
| Format | Written, signed, dated agreement | Court-approved orders |
| Legally enforceable? | No, not directly | Yes, same as a judge's order |
| Flexibility to change | High — just agree and update | Low — needs court application |
| Cost | Mediation fee only | Mediation + filing fee + drafting |
| Time to put in place | Days | Weeks (court processing) |
| Best when | Parents communicate, want flexibility | Need certainty, history of conflict |
For many families, the right answer is a parenting plan first — lived in for a while, refined as the kids grow — with consent orders later if the arrangements stabilise and you want them locked in. Some families go straight to consent orders. We help you choose. See the full parenting plans guide →
What goes into a parenting plan
A well-built plan covers the issues you'll actually face week to week:
- Living arrangements — primary residence, time at each home, the weekly rhythm
- Time with each parent — the weekly pattern, holidays, special days (birthdays, Christmas, Mother's/Father's Day)
- School holidays — how the longer breaks are divided
- Travel — within Australia and overseas, including consent for passports
- Decision-making — schooling, healthcare, religion, extracurriculars
- Day-to-day communication — between parents and with the children
- Changeover — location, time, who does it
- Future changes — how the plan gets updated as kids grow and life shifts
- Disputes — how disagreements get resolved (often: back to mediation)
How mediation builds it
- Initial intake — each parent meets separately with the practitioner. We map the issues, assess any safety concerns, and prepare you for the session.
- Pre-mediation thinking — you work through what you want, what the kids need, what's practical given work and distance.
- The mediation session — you and your former partner work through the arrangement with the mediator's guidance. Joint session or shuttle (separate rooms) depending on the dynamics.
- Drafting the plan — the agreement is documented in plain language while it's fresh.
- Sign-off — both parents sign and date the plan. Done.
- Optional formalisation — if you want it legally binding, the plan becomes the basis for consent orders.
This is a recognised approach under the Attorney-General's Dept — Family Dispute Resolution framework, and the practitioner is accredited to issue a Section 60I certificate if the matter doesn't fully resolve.
Keeping the child at the centre
The single most important principle in any parenting plan: it's about what the children need, not about what either parent feels they're owed. The legal test is the best interests of the child — the same standard a court applies. See how the best-interests test works →
In practice, this means thinking about:
- Stability and routine — children, especially younger ones, thrive on predictability
- Meaningful relationships with both parents — where safe
- The children's developmental stage — a toddler's needs aren't a teenager's needs
- Their voice (age-appropriately) — older children's views matter, without making them decide
- Safety, above all — where there are concerns, they take priority over contact
Avoid the parenting plan trap of equal time obsession
Many parents get fixated on a 50/50 split. The law doesn't start from there — it starts from what works for the kids. Sometimes that's 50/50; often it's something different. The right arrangement is the one your children can live well inside.
Changing the plan over time
This is where parenting plans really shine. Children grow, circumstances change, what worked at five doesn't work at fifteen. A parenting plan can be updated by simple agreement — sign a new one, date it, done. Compare that with court orders, which require a fresh application to change.
The flexibility cuts both ways: it means a plan only holds if both parents continue to honour it. Where one parent stops cooperating, a plan offers less protection than a court order. That's why many families build the parenting plan first, then move to consent orders once the arrangements have proved stable. See consent orders →
Making it legally binding
A parenting plan itself isn't directly enforceable. To give it the force of law — so that breaches have legal consequences — the plan needs to be converted into consent orders: a court-approved version of the same arrangement. The court reviews the proposed orders against the best-interests test, and if approved, they're enforceable just like a judge had ordered them.
We handle this conversion as part of the mediation service — you're not left to find separate lawyers to draft the orders. Most families who go this route do so within a few weeks of finalising their plan. See which option suits you →
Getting started
The first step is a free initial consultation. We'll listen to your situation, assess whether mediation is the right path for your family, and outline what's involved. Most parenting plan mediations are resolved in one or two sessions — a matter of weeks, not the years a contested matter can take.
If your situation has any safety concerns or family violence history, we'll assess that honestly and help you understand the alternatives. Mediation isn't appropriate for every family — but it's the right path for most, and we'll tell you straight which side of that line you're on.
Questions & answers
Parenting Plan Mediation — frequently asked
Is a parenting plan legally binding?+
Not directly. A parenting plan is a written agreement, but it's not enforceable in the same way a court order is. To make it legally enforceable, you formalise it into consent orders — which the court reviews and approves.
How is a parenting plan different from consent orders?+
A parenting plan is a private signed agreement; consent orders are court-approved orders with the force of a judge's decision. Plans offer more flexibility and lower cost; orders offer enforceability and certainty.
What should a parenting plan include?+
Living arrangements, time with each parent, school holidays, travel, decision-making on major issues (school, health, religion), day-to-day communication, changeover, and how future disputes get resolved.
Can a parenting plan be changed?+
Yes, easily — both parents simply agree and sign an updated version. This flexibility is one of its main advantages over consent orders, which require court application to vary.
Do I need to do mediation before I can apply to court for parenting orders?+
Generally yes — the Family Law Act requires you to attempt Family Dispute Resolution and obtain a Section 60I certificate before applying, unless an exemption applies.
What if my ex won't stick to the parenting plan?+
If breaches are persistent and the plan isn't being honoured, you can move to consent orders (court-approved and enforceable). We help you make that transition.
How does a parenting plan deal with child support?+
Parenting plans focus on care arrangements. Child support is a separate question administered by Services Australia, though parents can set out a private arrangement in the plan too if they prefer.
Related guides & services
Ready to resolve this?
Book a free initial consultation and we'll explain how mediation applies to your situation.
Book a Free Consultation →