Following separation, many parents make informal arrangements about how their children will be cared for.
These arrangements may be reached between parents directly, or with the assistance of:
- family counselling services;
- Family Dispute Resolution (FDR);
- mediation; or
- lawyers.
While informal agreements can work well for some families, it is important to understand that they are not legally enforceable.
If one parent decides not to follow an informal arrangement, the other parent generally cannot enforce the agreement in the same way they could enforce a Court order.
Formalising Parenting Arrangements
Parents who have reached agreement about parenting arrangements may choose to formalise their agreement in different ways.
Options may include:
Parenting Plans
A parenting plan is a written agreement between parents that sets out arrangements for their children.
A parenting plan may address matters such as:
- where children live;
- the time children spend with each parent;
- holidays and special occasions;
- communication arrangements; and
- decision-making responsibilities.
A parenting plan is not a legally enforceable Court order, although it can be relevant if parenting issues later come before the Court.
Consent Parenting Orders
Parents may also apply to the Federal Circuit and Family Court of Australia for parenting orders by consent.
Consent orders provide greater certainty because they are legally enforceable.
Agreement is often reached through:
- negotiation between parents;
- lawyer-assisted discussions;
- mediation; or
- Family Dispute Resolution.
Should I Obtain Legal Advice Before Agreeing to Parenting Arrangements?
Yes.
Before agreeing to parenting arrangements, it is important to understand how the agreement may affect your rights and responsibilities as a parent.
An experienced family lawyer can help you consider:
- whether the proposed arrangements are in your children’s best interests;
- whether the agreement is practical and sustainable;
- whether it should be formalised;
- the impact of arrangements on future family law issues; and
- whether additional advice is needed regarding child support or financial matters.
Parenting Lawyers Melbourne
At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist parents to resolve parenting disputes through negotiation, mediation, Family Dispute Resolution and, where necessary, Court proceedings.
Our focus is on helping families develop practical arrangements that prioritise the wellbeing of children while protecting parents’ legal rights.
Contact our team to discuss your parenting arrangements and legal options.
About Vanessa Mathews — Accredited Family Law Specialist
This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.
Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.
Last reviewed: 24 July 2026
Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.
