How to Draft a Parenting Plan in Queensland Without a Lawyer

You can draft a parenting plan in Queensland without a family lawyer, and thousands of parents do it every year. The legal requirements are straightforward: under Section 63C of the Family Law Act 1975, a parenting plan must be in writing, signed and dated by both parents, and entered into voluntarily. No lawyer needs to witness it. No court needs to approve it. If both of you can agree on arrangements, a well-drafted plan is something you build yourselves.

The risk isn't legality — it's leaving gaps. A vague plan ("the kids will spend equal time with each parent") sounds reasonable until school starts, one parent gets a new job in Townsville, and neither of you wrote down who decides which school. The difference between a plan that works and one that generates conflict within six months is specificity in the clauses.

Here's the step-by-step process for drafting a parenting plan that actually holds up.

Step 1: Understand What You're Building

A parenting plan is not Consent Orders. This distinction matters because it affects enforceability:

• Parenting plan — An agreement between parents. It's not directly enforceable by a court, but it carries significant weight in future proceedings and can override earlier court orders. The court treats a well-drafted plan as strong evidence of what both parents considered to be in their children's best interests at the time.
• Consent Orders — A court-approved order that's legally binding and enforceable. If you want enforceability, you draft your plan first, then convert it into Consent Orders and file through the Commonwealth Courts Portal.

Most parents start with a parenting plan, trial it for 3–6 months, then decide whether to formalise it into Consent Orders. The drafting process for both is nearly identical — Consent Orders just require additional filing documents.

Step 2: Map Out Your Children's Current Routine

Before writing a single clause, document what's already happening. This gives you a factual baseline rather than aspirational arrangements that don't fit your children's lives:

• Where do your children sleep each night of a typical week?
• Who does school drop-off and pick-up on each day?
• What extracurricular activities happen on which days, and who takes them?
• What's the current arrangement for weekends?
• How do school holidays currently work?
• What happens on birthdays, Christmas, and other significant dates?

Write this down. When you're negotiating changes, knowing the current pattern prevents both parents from rewriting history about what's been working.

Step 3: Draft the Core Clauses

A practical parenting plan should address these areas. Missing any of them is where most DIY plans fail:

Living arrangements. Specify which parent the children live with on each day of the week. Use actual days ("Monday to Friday with Parent A, Friday after school to Sunday 5pm with Parent B"), not vague terms ("roughly equal time"). Include the exact changeover time and location for every transition.

Changeover logistics. State who transports the children, where the handover happens (school is ideal because it eliminates direct parent-to-parent contact), and what happens if someone is late. A 15-minute grace window with a notification requirement prevents most changeover disputes.

Holiday and special occasion allocation. Divide school holidays, public holidays, Christmas, Easter, birthdays (both children's and parents'), Mother's Day, and Father's Day. The standard approach is alternating by even/odd year. Be specific — "Christmas Day 9am to Boxing Day 9am" not "Christmas."

Major long-term decisions. Under Australian law, parental responsibility covers education, healthcare, religion, and a child's name. Specify whether these decisions are shared (both parents must agree) or allocated to one parent for specific categories. Since the May 2024 reforms abolished the presumption of equal shared parental responsibility, the default is no longer assumed — you need to state it explicitly.

Communication with the other parent. Detail how children will communicate with the parent they're not staying with — phone calls, video calls, messaging. Include frequency ("daily video call between 6pm and 7pm") and the expectation that the residential parent facilitates it.

Communication between parents. Specify the method (text, email, co-parenting app), expected response timeframes, and boundaries. For moderate-conflict situations, email-only communication with 48-hour response expectations keeps things structured.

Dispute resolution. What happens when you disagree? A common clause provides for informal discussion first, then returning to mediation (FDR) before either parent applies to the court. FDR is a statutory precondition for most non-urgent parenting applications, not a requirement for creating the parenting plan itself. Without this clause, minor disagreements can escalate directly to legal action.

Travel and relocation. Consent requirements for interstate travel, international travel, and what constitutes "relocation" requiring formal notice. Where shared parental responsibility applies, a parent who wants to relocate with the children must either obtain the other parent's written consent or apply to the court.

Step 4: Use Mandatory Language

The single most common drafting mistake in DIY parenting plans is using permissive language. "May," "should," and "can" create arguments. "Will" and "must" create clarity.

Every clause should answer: who does what, when, where, and what happens if they don't.

Step 5: Add Age-Appropriate Scheduling

Children's developmental needs change significantly across age groups, and a schedule that works for a 10-year-old is inappropriate for an 18-month-old:

• 0–2 years — Frequent, shorter visits with the non-primary parent. Overnight stays introduced gradually. Consistency and routine are critical for attachment.
• 3–4 years — Can handle 1–2 overnight stays per week. Benefit from seeing both parents regularly but struggle with long separations.
• 5–12 years — Can manage alternating weeks, 2-2-5-5 rosters, or similar shared-time arrangements. School proximity becomes the primary logistical constraint.
• 13–17 years — Increasingly have their own schedules, friendships, and preferences. Plans should include flexibility mechanisms and acknowledge that a teenager's input matters practically even though they don't have a legal right to choose.

Your plan should include a review mechanism — "arrangements will be reviewed every 12 months or when the youngest child starts school, whichever is earlier" — so the schedule evolves without requiring a full renegotiation.

Step 6: Check Against the Best Interests Factors

Since 6 May 2024, when a court is asked to make or assess parenting orders, it applies six factors under Section 60CC:

1. Safety of the child (primary consideration)
2. The child's views, taking into account their maturity
3. The developmental, psychological, emotional, and cultural needs of the child
4. The capacity of each parent to provide for the child's needs
5. The benefit of the child having a relationship with both parents
6. Anything else relevant to the particular circumstances

Your plan doesn't need to explicitly reference these factors, but if a court ever reviews your arrangements — whether for Consent Orders approval or in future proceedings — it will assess your plan against this framework. A plan that clearly addresses these factors helps the court assess the proposed arrangements.

For Aboriginal and Torres Strait Islander children, there's a standalone additional factor: the child's right to connect with their culture, country, language, and community. Include specific provisions for cultural connection if this applies.

Step 7: Sign, Date, and Store

Both parents sign and date the document. Keep the original, give your ex a copy, and store a digital backup. The legal requirements under Section 63C are that simple — no notarisation, no witnessing, no filing.

If you later decide to convert your plan into enforceable Consent Orders, you'll need to prepare three documents for the Commonwealth Courts Portal: the Application for Consent Orders (Form 11), your Proposed Consent Orders (drafted from your plan), and the Notice of Child Abuse, Family Violence or Risk. The Queensland Child Custody & Parenting Plan Guide includes the step-by-step filing sequence for this conversion.

Common Mistakes That Create Problems Later

Not addressing handover logistics. "The children will be exchanged on Friday" leads to arguments about time, location, and who drives. Specify everything.

Forgetting about illness and cancellations. What happens when a child is sick on a changeover day? When a parent has a work emergency? Include a make-up time provision.

Leaving communication vague. "Reasonable contact" means different things to different people. Define it with times, methods, and frequency.

No mechanism for changes. Children's needs change. Parents' work schedules change. Without a built-in review clause, every adjustment becomes a potential dispute.

Using American terminology. Australian courts don't recognise "custody," "visitation," or "primary physical custody." Use "parental responsibility," "lives with," "spends time with," and "care arrangements." Using the wrong terms in a Consent Orders application can cause confusion at the registry.

Frequently Asked Questions

Do I need to attend mediation before writing a parenting plan?

No. Mediation (FDR) is only mandatory before filing a non-consent application for parenting orders, not before creating a parenting plan. However, many parents find it helpful to attend a joint FDR session to negotiate the terms of their plan with a neutral facilitator. Family Relationship Centres offer the first three hours free.

Can I write a parenting plan if we were never married?

Absolutely. The Family Law Act applies equally to married and de facto couples. The process for drafting a parenting plan is identical regardless of whether you were married, in a de facto relationship, or never lived together. The law focuses on the children's arrangements, not the parents' relationship status.

What if my ex won't sign the plan?

A parenting plan requires both parents' voluntary agreement. If your ex refuses to sign, your options are: attend FDR to negotiate terms you both accept, or apply to the court for parenting orders. The court will make orders based on the best interests of the children, regardless of either parent's preferences. In the meantime, maintain the current arrangements and keep records of your attempts to negotiate.

Should I get a lawyer to review my DIY plan before signing?

It's a good idea but not legally required. A one-hour lawyer review ($400–$800) can catch gaps you missed — particularly around enforceability of specific clauses and whether your arrangements would satisfy the court if later challenged. This approach saves thousands compared to having a lawyer draft the entire plan.

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