How to Write a Parenting Plan in NSW — Template and Checklist

A parenting plan is a written agreement between both parents that sets out the care arrangements for your children after separation. In NSW, it's not filed with any court and doesn't require a lawyer — but what you include (or forget to include) determines whether the arrangement actually works week to week.

Under the Family Law Act 1975, a valid parenting plan must be signed and dated by both parents. That's it for the legal formalities. The hard part is covering every scenario that will come up over the next several years.

What Every NSW Parenting Plan Should Include

Living Arrangements

Specify which parent the child lives with as their primary base, and the exact schedule for time with each parent. Avoid vague language like "reasonable time" — it creates arguments. Instead, define specific days:

• Weekday and weekend arrangements (e.g., "Child lives with Parent A Monday to Friday, and with Parent B every alternate weekend from Friday 3:30pm to Sunday 5:00pm")
• Mid-week contact (e.g., "Parent B collects the child from school on Wednesday and returns them to Parent A's home by 7:00pm")

School Holiday Schedule

NSW public schools have four term breaks per year, plus two weeks over Christmas/New Year. Your plan should specify:

• How holiday time is divided (common approach: first half of each holiday to one parent in even years, second half in odd years)
• Pickup and drop-off times for holiday transitions
• Whether the holiday schedule overrides the regular weekly schedule

Special Occasions

• Christmas and New Year — alternate years, or split the period (e.g., Christmas Eve to Boxing Day with one parent, 27 December to 2 January with the other)
• Mother's Day and Father's Day — these override the regular schedule and go to the respective parent
• Birthdays — specify whether the child spends the day or the closest weekend with each parent
• Cultural or religious holidays relevant to your family

Decision-Making for Major Long-Term Issues

Since the May 2024 reforms repealed the presumption of equal shared parental responsibility, your plan should explicitly address who makes decisions about:

• Education (school enrolment, tutoring, special needs support)
• Healthcare (medical treatment, dental, mental health, vaccinations)
• Religious or cultural upbringing
• Name changes
• Extracurricular activities that affect the other parent's time

You can agree on joint decision-making (both parents must agree) or allocate specific decisions to one parent.

Communication

• How the child communicates with the other parent during their time away (phone calls, video calls)
• Minimum notice for schedule changes
• How parents communicate with each other (text, email, co-parenting app)

Changeover Logistics

• Location (one parent's home, school, a neutral public place)
• Who is responsible for transport
• What happens if someone is late or doesn't show up
• What items travel with the child (school bag, medication, comfort items)

Travel and Relocation

• Whether either parent can take the child interstate or overseas without written consent
• Passport arrangements
• How much notice is required for travel
• What happens if one parent wants to relocate

Dispute Resolution

Include a clause requiring both parents to attempt Family Dispute Resolution before going to court if a disagreement arises about the plan.

A Parenting Plan Is Not Legally Enforceable

This is the critical limitation. A parenting plan is a good-faith agreement — if the other parent stops following it, you can't take the plan to court for enforcement. You'd need to apply for parenting orders or consent orders to get an enforceable arrangement.

Many parents use a parenting plan as a trial run for three to six months, then convert the arrangement into consent orders through the FCFCOA ($215 filing fee) once they're confident it works.

Common Mistakes

• Too vague — "Every other weekend" without specifying pickup times, locations, or what happens on long weekends
• Forgetting public holidays — NSW has specific public holidays (like the bank holiday in August) that can disrupt regular schedules
• No provision for illness — what happens when the child is sick on a changeover day
• Ignoring future changes — include a review mechanism (e.g., "This plan will be reviewed annually or when the child starts high school")

For a complete set of parenting plan worksheets, schedule planners, and a clause library with court-tested wording, the NSW Custody & Parenting Plan Guide walks you through every section with examples tailored to Australian family law.

See more New South Wales guides →