How to Make a Parenting Plan in Queensland (Step-by-Step)
What Makes a Parenting Plan Legally Valid
A parenting plan under the Family Law Act 1975 is not a casual verbal agreement. To be legally recognised, it must meet four requirements: it must be in writing, signed by both parents, dated by both parents, and entered into voluntarily without threat, duress, or coercion.
A valid parenting plan is not court-enforceable — a police officer will not enforce it at your door. But it carries significant legal weight. If either parent later applies to court for parenting orders, the judge is legally required to consider the most recent signed parenting plan. And if consent orders are already in place, parents can agree to vary those arrangements through a new parenting plan — the signed plan effectively shields both parents from contravention claims under the existing orders.
Step 1: Map Your Child's Current Routine
Before drafting any clauses, document your child's actual weekly routine in detail: school hours, pick-up and drop-off arrangements, extracurricular activities, medical appointments, and social commitments. This baseline is the foundation your parenting schedule is built on — not an abstract notion of equal time.
Note which parent currently handles each aspect of daily care. This evidence of practical involvement is directly relevant to the Section 60CC best-interests assessment if the plan is later considered by a court.
Step 2: Decide on Decision-Making Arrangements
"Decision-making" in Australian family law refers to major long-term issues — not day-to-day choices about bedtimes and meals. The major categories are:
- Education (which school, whether to change schools)
- Health (medical treatment, dental work, mental health care)
- Religion and cultural upbringing
- The child's name
- Where the child lives (particularly if a parent wants to relocate)
You need to specify whether these decisions are made jointly (both parents consult and agree) or by one parent alone. If you choose joint decision-making, the plan should include a process for resolving disagreements — typically returning to mediation rather than escalating to court.
Day-to-day decisions (what the child eats, wears, what time they go to bed) are made by whichever parent has the child at the time. There is no need to address these in the plan.
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Step 3: Design the Care Schedule
The weekly care schedule is where most parenting plans either succeed or unravel. The right schedule depends on the child's age, developmental stage, and the geographic distance between households:
Infants (0–12 months): Frequent short daytime visits — two to three hours, three to four times per week — with the non-primary parent. Overnight stays are generally not recommended at this stage because infants rely heavily on their primary attachment figure and cannot tolerate long separations.
Toddlers (1–3 years): Frequent daytime visits with the gradual introduction of a single overnight stay once the child has an established bond of trust with both parents. Consistency in nap times, mealtimes, and bedtime routines across both households is critical.
Primary school (4–11 years): Children at this age can handle longer blocks away from either parent. Common schedules include alternating weeks, 2-2-3 rotations, and 3-4-4-3 arrangements. These work best when parents live close enough that the child can maintain their school routine and friendships.
Adolescents (12+): Schedules need built-in flexibility to accommodate peer relationships, part-time work, and academic commitments. Rigid rotations become increasingly difficult to maintain — focus on quality of interaction rather than strict mathematical equality.
Step 4: Address Holidays and Special Occasions
The care schedule only covers the standard week. Your plan also needs explicit provisions for:
- School holidays — how the four main Queensland holiday periods (Easter, June/July, September, December/January) are divided, including any provisions for interstate or overseas travel
- Christmas/public holidays — typically alternated year by year (even years with one parent, odd years with the other)
- Birthdays — whether the birthday parent always has the child, or whether both parents share the day
- Mother's Day and Father's Day — usually spent with the relevant parent regardless of the regular schedule
Be specific. "We'll work it out" is the clause that generates the most disputes. Set default arrangements and include a notice period (typically 14 to 28 days) for any proposed changes.
Step 5: Set Changeover Protocols
Changeovers are the highest-conflict moment in most separated families. Your plan should specify:
- The exact location (school pick-up is often ideal because it avoids direct parent-to-parent contact)
- Who is responsible for transport in each direction
- What the child needs to bring (school bag, comfort items, medication)
- What happens if a parent is late (a specific grace period — typically 15 to 30 minutes — and a notification process)
For parents in high-conflict situations, consider using a neutral changeover location such as a police station, shopping centre, or community centre. Some Queensland Family Relationship Centres offer supervised changeover services.
Step 6: Include Communication Protocols
Specify how the child communicates with the non-residential parent during the other parent's care time — video calls, phone calls, or text messages. Include specific days and times (such as Tuesday and Thursday at 6:30 PM) rather than leaving it open-ended.
Also specify how parents communicate with each other. Many separated parents find that limiting communication to a co-parenting app or email (rather than text messages or phone calls) reduces conflict and creates a written record.
Step 7: Add a Dispute Resolution Clause
Include a pre-agreed process for resolving future disagreements — typically a commitment to return to a specific mediation service before filing any court application. This clause is not just good practice; it demonstrates to any future court that both parents are committed to cooperative problem-solving.
Common Mistakes to Avoid
Vague language. "Parent A can see the child regularly" is unenforceable and a guaranteed source of conflict. Use specific days, times, and locations.
Forgetting make-up time. If a visit is missed due to illness or an unavoidable conflict, the plan should specify whether that time is made up and how.
Ignoring transport logistics. If parents live 45 minutes apart, the changeover burden needs to be addressed explicitly — otherwise one parent bears a disproportionate time and cost burden.
Using outdated terminology. Australian law does not recognise "custody," "visitation," or "access." Using these terms in a parenting plan that may later be presented to a court can create confusion. Use "parental responsibility," "lives with," "spends time with," and "communicates with."
The Queensland Child Custody and Parenting Plan Guide includes clause-by-clause drafting templates and worksheets for building a complete parenting plan — from care schedules and holiday rotations to changeover protocols and dispute resolution clauses.
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