How to Write an Enforceable Parenting Plan in Australia After the May 2024 Changes
An enforceable parenting plan in Australia is not actually a parenting plan — it is a set of consent orders. A parenting plan (a written agreement signed by both parents) records your intentions, but the FCFCOA cannot enforce it if one parent stops following it. To make your agreement enforceable, you convert it to consent orders by filing an Application for Consent Orders. The court checks whether the proposed orders serve the child's best interests under the post-May 2024 six-factor framework, and if satisfied, makes them binding with consequences for non-compliance.
The difference between plans that convert smoothly and plans that get rejected comes down to specificity. Vague clauses fail. Precise clauses convert.
What Changed in May 2024
The Family Law Amendment Act 2023 (effective 6 May 2024) rewrote the framework the FCFCOA uses to assess parenting arrangements. Three major changes matter for how you draft a plan:
The presumption of equal shared parental responsibility was repealed. Your plan no longer needs to start from the assumption that both parents share all major decisions. You can propose joint decision-making, sole decision-making, or split authority by category (one parent handles medical, both handle education) — whatever fits your circumstances.
The mandatory equal-time starting point was removed. The court no longer begins with 50/50 and adjusts from there. Any schedule that serves the child's best interests is equally valid from the outset.
The best-interests test was simplified from two tiers to six factors. The old 15-factor test was unwieldy and poorly understood by parents drafting their own plans. The new six-factor test is more focused: safety, the child's views, developmental needs, benefit of relationships with each parent, parental capacity, and any other relevant factor.
Any parenting plan drafted before May 2024 that references "equal shared parental responsibility" or uses the old two-tier framework should be updated before filing as consent orders.
The Clauses That Make a Plan Enforceable
Living Arrangements
Vague (will fail): "The child will spend time with each parent as agreed."
Specific (will convert): "The child lives with Parent A from Sunday 6pm to Friday 3pm during school terms. The child lives with Parent B from Friday 3pm to Sunday 6pm. Handover occurs at the child's school on Fridays (collected by Parent B) and at Parent A's residence on Sundays (dropped off by Parent B)."
The FCFCOA requires precision because enforcement depends on both parties knowing exactly what compliance looks like. If "reasonable time" is your standard, neither parent can prove a breach.
Decision-Making Authority
Specify which decisions require joint agreement and which each parent can make independently. Common categories:
- Education — school enrolment, tutoring, change of school
- Medical — non-emergency treatment, specialist referrals, vaccination decisions
- Religious and cultural — participation in religious observance, cultural activities
- Extracurricular — sports, music, activities above a specified cost threshold
- Travel — interstate travel, international travel, duration limits
For each category, state who decides, whether consultation is required, and what happens when parents disagree (typically: the status quo continues until mediation or court variation).
Holiday and Special Occasions
School holiday allocation needs to name specific periods, not just "alternating holidays." For the Northern Territory, this means mapping the NT school calendar (which differs from other states) and addressing the wet season:
- Term 1 holidays (April) — alternating by year
- Term 2 holidays (June–July) — split or alternating
- Term 3 holidays (September–October) — alternating by year
- Christmas/summer holidays (December–January) — specify exact division, including Christmas Day, Boxing Day, and New Year's
- Birthdays — whose time the child's birthday falls on, or a specific arrangement regardless of the schedule
Public holidays follow their own allocation (or default to whichever parent has scheduled time that day). Mother's Day and Father's Day are with the respective parent regardless of the schedule — state this explicitly or it becomes a source of conflict.
Communication
Define when the child communicates with the absent parent, by what method, and who initiates. "The child may call either parent at any reasonable time" sounds fair but creates conflict over what is reasonable.
Better: "Parent A may video-call the child between 6pm and 7pm on Tuesdays and Thursdays during Parent B's time. Parent B will ensure the child is available and has access to a device. Calls are limited to 20 minutes unless the child wishes to continue."
FIFO and Roster-Based Provisions
For FIFO workers in the NT, include:
- The base roster pattern (e.g., 2/1 or 8/6)
- What happens when the roster changes (notice period, negotiation window, default if no agreement)
- Make-up time provisions for roster overruns
- Communication arrangements during on-roster periods (realistic for remote-site conditions)
- A dual-track schedule if the FIFO parent may be posted interstate or overseas (particularly relevant for ADF)
Financial Provisions
Parenting plans can (and should) address:
- Who pays for school fees, uniforms, and excursions
- How medical and dental costs are split
- How extracurricular activity costs are shared (usually with a cap requiring agreement above a threshold)
- Travel costs for handover (particularly relevant when parents live in different parts of the NT, or one parent is FIFO)
Child support itself is calculated by Services Australia using a formula based on both parents' incomes and care percentages — the parenting plan does not override this, but it can specify arrangements for costs beyond the child support assessment.
The Filing Process
Once your plan is complete, convert it to consent orders:
- Both parents sign the parenting plan
- Complete the Application for Consent Orders form (available on the FCFCOA website)
- Attach a draft of the proposed orders (these mirror your plan but are written in court-order language — "It is ordered that...")
- Both parties sign a declaration that the orders are in the child's best interests
- File with the FCFCOA — filing can be done online through the Commonwealth Courts Portal
- The court reviews the application without a hearing (in most cases) and makes the orders if satisfied
The court may reject proposed consent orders if they do not adequately address the child's best interests, if the terms are too vague to enforce, or if there is evidence of family violence that was not considered.
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Who This Is For
- Parents who have reached an agreement (through FDR or direct negotiation) and want to make it legally binding
- Parents drafting a plan to bring to FDR as a starting proposal
- Anyone updating a pre-May 2024 parenting plan to comply with the reformed Act
Who This Is NOT For
- Parents who have not yet reached any agreement — attend FDR first
- Cases involving family violence where one parent is not negotiating freely
The Northern Territory Child Custody & Parenting Plan Guide includes a Parenting Plan Clause Worksheet that walks through every required clause, with specific language templates that satisfy the FCFCOA's enforceability standards under the post-May 2024 framework.
Frequently Asked Questions
Can I write a parenting plan without a lawyer in Australia?
Yes. There is no legal requirement for a lawyer to prepare a parenting plan or to file consent orders. The FCFCOA Application for Consent Orders is a standard form designed for self-represented parties. What matters is that the terms are specific, realistic, and address the child's best interests under the six-factor framework. A well-structured preparation guide gives you the clause templates and legal framework to draft competently.
What happens if one parent breaches the consent orders?
If one parent does not comply with consent orders, the other parent can file a Contravention Application with the FCFCOA. The court can impose penalties including make-up time, costs orders, community service, or in serious cases, imprisonment. This is why specificity matters — the court needs to determine whether a breach actually occurred, and vague terms make that assessment impossible.
How long do consent orders last?
Consent orders remain in force until the child turns 18, unless varied by further court order or superseded by a new consent order. Most parents review and update their arrangements at major transition points — starting school, changing schools, entering high school — by filing a new Application for Consent Orders with updated terms.
Can I include property or financial matters in the same consent orders?
Yes. The Application for Consent Orders allows you to include both parenting and financial/property orders in a single filing. However, financial consent orders have additional requirements (a statement of financial circumstances from both parties) and many parents choose to handle property separately.
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