Documentation Index
Fetch the complete documentation index at: https://help.rytz.com.au/llms.txt
Use this file to discover all available pages before exploring further.
This is legal information, not legal advice. This page is reviewed against the Family Law Act 1975 (Cth), the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, and current case law on AustLII — but not by a practising family-law solicitor. For advice on your matter, see Free legal help in Australia — Legal Aid, Community Legal Centres, Justice Connect, Women’s Legal Services, and Aboriginal Legal Services offer free or low-cost help.
The bare statutory definition
Section 63C(1) of the Family Law Act 1975 (Cth) says:A parenting plan is an agreement that: (a) is in writing; and (b) is or was made between the parents of a child; and (c) is signed by the parents of the child; and (d) is dated.That’s it. There’s no court filing requirement. No witness requirement. No prescribed form. If two parents write down what they’ve agreed, sign it, and date it, they have a parenting plan.
So what does a s63C plan actually do?
This is the question most users ask, and the honest answer is: more than people think, but less than Consent Orders.What it does
Records the parties' intentions
A signed, dated parenting plan is the clearest evidence of what the parents agreed at a moment in time. If the matter ever comes before a court, the most recent parenting plan is a document the court will look at.
Supersedes earlier orders for some purposes
Section 64D of the Family Law Act 1975 (Cth) provides that some parenting orders can be varied by a subsequent parenting plan in writing. This means a properly-drafted s63C plan can effectively update the practical operation of earlier consent orders, where the orders permit it.
Frames the s60CC analysis
When a court is later asked to make or vary parenting orders, it considers the most recent parenting arrangements (s60CC framework as amended in 2024). A coherent, recently-signed s63C plan is the strongest evidence of what those arrangements actually look like.
Becomes the basis for Consent Orders
A well-drafted parenting plan is essentially the body content for an Application for Consent Orders. The leap from plan to enforceable orders is procedural — file an Application, attach the plan, the registrar reviews and (usually) makes the orders.
What it does NOT do
It is not directly enforceable
If the other party walks away from a s63C plan, you can’t take it straight to a court for enforcement. You’d need to file a parenting application, and the plan becomes evidence — significant evidence, but not a court order.
It does not engage contravention proceedings
The contravention regime in Part VII Division 13A applies to parenting orders (made by a court), not parenting plans. Breaching a plan doesn’t trigger the same penalties.
It does not bind a future court hearing on the merits
A court can override a parenting plan if it determines the children’s best interests require different arrangements (s60CA). The plan is evidence; it’s not a contract that binds the court.
It does not require legal review
Nothing in s63C requires a lawyer to be involved. (We strongly recommend one for review before signing — but it’s not a statutory requirement.)
How a s63C plan compares to Consent Orders
This is the most useful way to understand where s63C sits in the spectrum.| Feature | s63C parenting plan | Consent Orders (Part VII) |
|---|---|---|
| In writing | Required | Required |
| Signed by parents | Required | Required |
| Dated | Required | Required |
| Filed with the court | No | Yes |
| Reviewed by a court officer | No | Yes — the registrar checks the orders are in the children’s best interests |
| Directly enforceable | No | Yes — contravention proceedings available |
| Cost to obtain | $0 (you draft + sign) | Court filing fee (current rates on the FCFCOA fees page) plus any legal cost |
| Time to obtain | Minutes | Typically 6–12 weeks for the registrar review |
| Can be varied later | Yes — by mutual agreement, in writing | Yes — but only by Court order or by a subsequent parenting plan that explicitly varies them |
| Court considers later if dispute arises | Yes — significant evidence of intent and recent arrangements | Yes — directly applicable as the existing orders |
- Draft a parenting plan to capture what they’ve agreed
- Both sign it and live by it for a period (often 3–6 months) to confirm it works
- Convert it into Consent Orders if the arrangement is stable and the parties want enforceability
When you definitely want Consent Orders, not just a plan
There are situations where a s63C plan is not enough on its own:- High-conflict matters where you reasonably anticipate the other party will breach the agreement
- Family-violence history where you need the protective force of orders that can be enforced
- Property settlement is also being formalised — Consent Orders can cover both parenting and property in a single application
- You want certainty for major decisions (school enrolment, medical, relocation) that the other party is otherwise free to undo by ignoring the plan
What “section 63C” actually says about the plan’s content
Despite the formal statutory minimums (writing, signature, date), the substantive content of a parenting plan can address any matter covered by a parenting order under section 64B. That includes:- Who the children live with
- Who the children spend time with
- Communication between the children and a parent
- Maintenance of the children
- Any aspect of parental responsibility
- The process for resolving disputes about the plan
- Any other aspect of the care, welfare or development of the children
The 2024 amendments
Significant changes to the Family Law Act 1975 (Cth) came into force on 6 May 2024 under the Family Law Amendment Act 2023 (Cth). The most relevant for parenting plans:- The presumption of equal shared parental responsibility (s61DA) was repealed.
- The s60CC best-interests framework was restructured. Six general considerations under s60CC(2), plus a mandatory family-violence-history consideration under s60CC(2A), plus a standalone consideration for Aboriginal and Torres Strait Islander children’s cultural connection. See Key statutes — s60CC for the full structure.
- Section 65DAAA codified the Rice v Asplund threshold for varying final parenting orders.
- Section 60CG retained the obligation that orders be consistent with any family-violence order in force.
Next
The eleven clauses
A clause-by-clause walkthrough of what each one covers.
Drafting your first plan
The first 30 minutes in the planner — a guided walkthrough.