Parenting plan drafting workflow
Parenting plans are the lightest-touch way to record post-separation arrangements for children. They suit parties who have reached agreement, are communicating reasonably well, and do not yet need the finality of consent orders.
This is an 8-step workflow for drafting a written parenting plan under s 63C of the Family Law Act 1975 (Cth). A parenting plan is not enforceable as a court order but is a recognised record of agreed arrangements for children after separation.
Before you start
- Section 60I certificate from a family dispute resolution practitioner, unless an exemption applies
- Instructions on the child's usual routine, schooling, and any special needs
- Risk screen complete — no unaddressed family violence concerns
- Both parents willing to engage without court proceedings
The workflow
Take detailed instructions on the child
Record the child's age, school, routines, medical needs, cultural connections, and any siblings. The parenting plan must be built around the child, not the parents' schedules.
Screen for family violence and risk
Run a structured risk screen covering family violence, drug and alcohol use, mental health, and any current intervention orders. Escalate to a consent orders or court pathway if risk is identified.
Confirm s 60I compliance or exemption
Confirm the client has attended family dispute resolution and holds a s 60I certificate, unless an exemption applies (urgency, family violence, or consent).
Draft the live-with and spend-time clauses
Draft clauses setting out where the child lives, which nights are spent with each parent, school term versus holiday schedules, and changeover arrangements.
Draft parental responsibility and decision clauses
Address long-term decisions — schooling, religion, major medical, relocation — and how day-to-day decisions are made. Note that equal shared parental responsibility is not a presumption for plans.
Add communication and review clauses
Include how parents will communicate (app, email, in-person), how disputes will be handled, and when the plan will be reviewed (e.g. annually or on school transitions).
Provide the plan to the other parent
Send the draft to the other parent (directly or through their lawyer) with a covering letter explaining that it is a parenting plan under s 63C and is not a court order.
Both parents sign and date the plan
Both parents sign and date the final plan. Keep an executed copy on file. A parenting plan must be in writing, signed, and dated to fall within s 63C.
What you will have at the end
A signed written parenting plan recording the agreed care arrangements. While not enforceable as a court order, it can be taken into account by a court if proceedings are later commenced under s 63DA.
Common issues
- Missing s 60I certificate where no exemption applies
- Drafting clauses that are vague on changeover location or communication
- Not addressing school holidays or special days (birthdays, cultural events)
- Parties assuming the plan is enforceable when it is not
- Failing to build in a review mechanism as the child ages
Run this workflow on a real matter
Quillio drafts s 63C parenting plan clauses tailored to the child's age and routine, and flags where risk screening or s 60I compliance may be missing. See /practice-areas/family-lawyers or /free-trial.
General guide only — not legal advice. Parenting plans are not enforceable; if enforceability matters, consider consent orders instead.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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