Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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If you agree on parenting arrangements

Choose how to record your parenting arrangements.

On this page

If you agree on parenting arrangements, you can make an informal agreement, a parenting plan or apply for a consent order. This page explains these options and how they are different.

Families come in many forms. This information applies to parents and other carers, including grandparents, kinship carers and extended family.

It is a good idea to get legal advice before making an agreement. A lawyer can explain how the agreement could affect you and your children. For legal help and other support, go to Other support for parenting arrangements.

If you and the other parent or carer agree on arrangements for your children, you can:

  • apply for a consent order in the Federal Circuit and Family Court of Australia
  • make a parenting plan
  • make an informal agreement.

The option you choose depends on how formal you want the agreement to be and whether you want it to be legally enforceable. This means you can ask the court to take action if someone does not follow the agreement.

Tip: You can use the free online tool amica to help you agree on arrangements and record what you decide. For a fee, amica can prepare documents for you to ask the court to approve as a consent order.

A consent order is a written agreement about parenting arrangements that is approved by the Federal Circuit and Family Court.

Consent orders are legally enforceable. This means you can ask the court to take action if someone does not follow the order.

You might choose a consent order if you want clear rules about parenting arrangements and consequences for not following the agreed arrangements.

You usually do not need to go to court to get a consent order. The Federal Circuit and Family Court of Australia has a do-it-yourself kit. Go to Application for consent orders (do it yourself kit).

There is usually a fee for filing an application for consent orders.

Parenting plans

A parenting plan is a signed written agreement about arrangements for children. Parents and other people involved in the care of children can make a parenting plan.

Parenting plans are flexible and can be changed if you both agree.

A parenting plan is not legally enforceable. This means a court cannot make someone follow it.

If you need help creating a parenting plan, you can go to family dispute resolution. This is a type of mediation that helps separated families sort out arrangements for children. Go to Using family dispute resolution for more information.

You do not need a lawyer to create a parenting plan. But it is a good idea to get legal advice before signing a parenting plan.

For more information about how to make a parenting plan, you can read the Australian Government’s fact sheet. It is available in 15 other languages, including Arabic, Dari, Greek and Vietnamese.

Informal agreements

Informal agreements can be written or spoken between you and the other parent or carer. There are no legal processes for making an informal agreement.

Informal agreements are flexible but are not legally enforceable.

It is a good idea to write down what you agree. This can help everyone understand the arrangements.

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