Parenting Plans vs Parenting Orders: What’s the Difference
When parents separate, one of the first questions is: how do we record the care arrangements for our children? Two common options are Parenting Plans and Parenting Orders. They sound similar but have very different legal effects.
What is a Parenting Plan?
A Parenting Plan is a written agreement between parents about the care of their children. It can cover:
Where the children live
How much time they spend with each parent
School holidays and special occasions
Communication between parents
Parenting Plans are:
Flexible – parents can change them by agreement at any time.
Low cost – no Court filing fees.
Not legally enforceable – if one parent doesn’t follow it, you can’t enforce it through the Court.
What are Parenting Orders?
Parenting Orders are approved by the Federal Circuit and Family Court of Australia. They can be made:
By consent (when both parents agree), or
After a hearing (when the Court decides).
Parenting Orders are:
Legally binding – both parents must follow them.
Enforceable – if one parent breaches the Orders, the other can apply to Court to enforce compliance.
More structured – this can provide stability and certainty for children.
Which option is right for your family?
Parenting Plans are often a good starting point where parents are co-operative and want flexibility.
Parenting Orders provide greater certainty and protection, especially in higher-conflict situations.
The best choice depends on your family’s needs and whether you require legal enforceability.
Why early advice matters
Agreeing to something informally now can set a pattern for the future. If you’re unsure what’s best for your children, getting legal advice early can help you avoid arrangements that don’t work for you long-term.
Need help deciding?
At Wallen Family Law, we provide clear, practical advice to help families in Wollongong, the Illawarra, and beyond find the fairest path forward.
Book a free 15-minute chat with us today to talk through your options.
Disclaimer: This article provides general information only and should not be relied upon as legal advice. Every family law matter is unique and requires specific legal guidance. Always seek professional legal advice for your specific situation.