Child Custody Parenting Plan Checklist: Australia 2024

If you are separating from a partner and have children, this checklist is designed for parents beginning to negotiate or formalise a child custody parenting plan in Australia. Use it whether you are attempting informal arrangements, drafting a parenting plan, or preparing for court proceedings under the Family Law Act 1975 (Cth).

How to Use This Checklist

Work through each item systematically. Some items require documents or professional input — note these early so you can gather what you need. This checklist applies nationally, but if state-based child protection laws are involved, local rules may also apply.

Core Checklist

Often Overlooked

Next Steps After Completing the Checklist

1. 1.Attempt to reach agreement with the other parent, ideally with the assistance of a Family Dispute Resolution (FDR) practitioner — this is generally required before applying to court.
2. 2.Once agreed, decide whether to keep an informal written parenting plan or apply for Consent Orders, which are legally enforceable.
3. 3.If agreement cannot be reached, obtain an FDR certificate (Section 60I certificate) and consider filing an application in the Federal Circuit and Family Court of Australia.
4. 4.Seek independent legal advice before signing any formal document or Consent Order.
5. 5.Set a calendar reminder to review the plan annually or when a significant change occurs.

What is the difference between a parenting plan and Consent Orders?

A parenting plan is a written agreement between parents but is not legally enforceable by a court. Consent Orders are approved by the court and carry legal weight — breaching them can have serious consequences.

How does the court decide what is in the child's best interests?

Under the Family Law Act 1975 (Cth), the child's best interests are the paramount consideration. Courts weigh factors including the benefit of a meaningful relationship with both parents and the need to protect children from harm.

Is there a time limit for making parenting orders?

De facto partners and married couples must generally finalise parenting matters within certain timeframes after separation, though parenting applications can be made at any time while the child is under 18. Seek advice about your specific situation promptly.

Do grandparents or other relatives have rights to see the children?

Under Australian family law, any person concerned with the care of a child — including grandparents — may apply to the court for a parenting order. The court will again apply the best interests test.

Use ROY's free AI analysis to understand how the law applies to your specific situation.

This article provides general legal information only and does not constitute legal advice for your specific situation. Laws vary by state/territory. Consult a qualified lawyer for advice tailored to your circumstances.