DIY Custody Agreement Australia: How to Write Your Own Parenting Plan
You Don't Need a Lawyer to Write a Parenting Plan
A parenting plan in Australia is a written, signed, and dated agreement between parents about their child's living arrangements, parenting time, and decision-making responsibilities. It does not need to be filed with a court, reviewed by a lawyer, or formatted in any particular way. As long as both parents sign and date it, the Family Law Act 1975 recognises it as a valid parenting plan.
That simplicity is both the strength and the risk. A well-drafted DIY agreement can save thousands of dollars in legal fees. A vague or incomplete one will fall apart at the first disagreement.
What Every Parenting Plan Needs to Cover
At minimum, your agreement should address these areas:
Living arrangements. Where will the child primarily live? If they split time between two homes, what does the weekly schedule look like? Specify the exact days and nights, not just "shared care."
Parenting time schedules. Detail the weekday and weekend rotation, including pickup and drop-off times and locations. "Every second weekend" is too vague — write "from Friday at 5:00 pm pickup from school to Sunday at 5:00 pm drop-off at the other parent's home."
Holiday and special occasions. How are school holidays split? Who has the child on Christmas Day, and what time does the changeover happen? What about birthdays, ANZAC Day, and Adelaide Cup?
Decision-making. Who decides about schooling, medical treatment, religious upbringing, and extracurricular activities? Major long-term decision-making is part of parental responsibility; set out whether it is shared or allocated by a parenting order.
Communication. How does the child contact the other parent during the other's time? Define the schedule (for example, a video call every Tuesday and Thursday evening at 6:30 pm) so it's predictable for the child.
Travel and relocation. What notice must a parent give before travelling interstate or overseas with the child? Set a clear written-notice period that fits the travel and parenting arrangements.
Dispute resolution. When parents disagree about something covered by the plan, what happens first? Many plans include a clause requiring mediation before returning to court.
How to Make It Enforceable
A parenting plan by itself is not legally enforceable. If the other parent ignores it, you cannot file a contravention application. The plan carries significant weight in court proceedings — a judge will consider it evidence of what the parties agreed — but it doesn't have the enforcement teeth of a court order.
To make your agreement enforceable:
- Draft the parenting plan as a working agreement first. Live with it for a few weeks or months to confirm it works in practice.
- Convert it to consent orders. This means filing an Application for Consent Orders (Form 11) with the FCFCOA via the Commonwealth Courts Portal. The filing fee is $215.
- A registrar reviews the proposed orders on the papers — no court hearing is needed. If the registrar is satisfied the orders are in the child's best interests, they're sealed and become legally binding.
The gap between step 1 and step 2 is where many DIY agreements stall. Parents draft a plan, start following it, and never formalise it — then one parent changes their mind six months later and there's nothing to enforce.
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Common DIY Mistakes
Being too vague. "The children will spend time with each parent" is not a plan. Courts cannot enforce ambiguity, and the other parent can interpret vague language however they like.
Forgetting handover logistics. Who drives? What if one parent is late? What happens to the child's belongings? These details seem minor until they trigger a weekly argument.
Ignoring future changes. Children grow up. A schedule that works for a four-year-old won't work for a fourteen-year-old. Build in review clauses — for example, "the parties will review this plan when the child starts secondary school."
Not signing and dating it. Under the Family Law Act, a parenting plan must be in writing, signed by both parties, and dated. An unsigned email thread or a verbal agreement does not count.
The South Australia Child Custody & Parenting Plan Guide provides structured worksheets for building a complete parenting plan — covering schedules, decision-making frameworks, holiday rotations, and the exact steps to convert your plan into enforceable consent orders.
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Download the South Australia — Parenting Plan Starter Checklist — a printable guide with checklists, scripts, and action plans you can start using today.