Important: Application for Consent Order Forms Updated

The Courts have updated the Application for Consent Order. After 1 May 2025, earlier versions will no longer be accepted.

If you have created an Application for Consent Orders using amica, please ensure you file the Application electronically on the Commonwealth Courts Portal before 1 May 2025, or the eCourts Portal of Western Australia before 1 May 2025.

All Applications created in amica after 1 May 2025 will automatically be updated for filing.

Parenting Agreements vs. Parenting Plans in Australia: What’s the Difference?

By amica

Apr 15, 2025

If you are co-parenting after separation in Australia, you may have come across terms like parenting agreements, parenting plans, and parenting orders. Understanding the differences is important—especially when you’re trying to create a calm and practical path forward for your family. Here’s a simple breakdown of each option, and how the online separation tool amica.gov.au can help.

What is a Parenting Agreement A parenting agreement is an informal parenting arrangement made between separated parents. It typically includes everyday decisions like: • Where the children will live • Who they’ll spend time with • How birthdays and holidays will be shared • School routines and other special occasions This type of agreement doesn’t have to be in writing and is not legally binding, but it can work well when there’s good communication and trust. Many separating couples in Australia initially start with informal agreements before moving on to a parenting plan.

What is a Parenting Plan A parenting plan is a written parenting agreement signed and dated by both parents. It covers similar issues to a verbal agreement but offers more structure. While a parenting plan is not legally enforceable, it is recognised under the Family Law Act 1975. Key benefits of a parenting plan include: • It provides clarity and consistency for co-parenting and helps reduce future disputes • It’s useful if you want to avoid Court • The Court may refer to it if future disputes arise If you’re looking for a middle ground between a handshake agreement and a court order, a parenting plan is an option.

What are Parenting Orders? Parenting orders are the most formal type of parenting arrangement in Australia. They are made by the Federal Circuit and Family Court of Australia, or Family Court of Western Australia, and are legally binding. You can apply for parenting orders by consent (without going to court) or after a court hearing if agreement isn’t possible. Note that parenting orders cannot be created in amica.

How Amica Helps with Parenting Arrangements amica.gov.au helps separated couples in Australia make fair decisions about parenting, property and money—without the need to go to court. amica supports you to: • Create a structured parenting agreement online • Work through key co-parenting decisions step-by-step • Convert your agreement into a parenting plan • Access resources to understand next steps amica is especially useful for separating couples who are communicating well and want to avoid the cost and stress of going to court.

Making Parenting Arrangements That Work Whether you choose an informal co-parenting agreement, a written parenting plan, or a parenting order, the goal is the same: to prioritise your child’s wellbeing and make co-parenting as smooth as possible. amica.gov.au can guide you through this process with clarity and confidence—helping you reach agreements that work for everyone involved.

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