Parenting Plan Mediation: How to Reach an Agreement

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18/05/2022

Parenting Plan Mediation: How It Works and Why It Helps

Separating from a partner is hard enough on its own. When children are involved, the stakes feel even higher – and working out who does what, when, can quickly become a source of real conflict.

Parenting plan mediation gives families a structured way to work through those arrangements together, without heading straight to court. It’s not always easy, but for most families it’s a far better path than a contested hearing.

Here’s what you need to know.

Quick Summary:

A parenting plan is a written agreement between separated parents that sets out how they’ll share care and responsibilities.
Mediation – formally called Family Dispute Resolution (FDR) – is usually required before applying for court orders.
Parenting plans are not automatically legally binding, but they can be converted into Consent Orders.
If one parent refuses to engage, a mediator can issue a certificate that allows you to apply to court.
There are exemptions to mediation in cases involving family violence or urgent safety concerns.

What is a Parenting Plan?

A parenting plan is a written agreement between two parents that documents how they’ll care for their children after separation. It covers the day-to-day stuff: where the children live, how time is shared, how changeovers work, how parents communicate, and how decisions about schooling, health, and other important matters will be made.

Under the Family Law Act 1975, a parenting plan is valid when it’s made in writing, signed by both parents, and dated. That’s it – no court, no lawyer required, though getting legal advice before signing is always a good idea.

Plans can be as detailed or as flexible as your family needs, and can be done with the help of divorce solicitors. If you and your former partner communicate well and trust each other, a broader framework might work. If things are tense or complicated, a more specific plan tends to reduce friction down the track.

What is Mediation – and is it the Same as FDR?

Mediation and Family Dispute Resolution (FDR) are closely related. FDR is the specific form of mediation required under Australian family law before most court applications can be made. It’s conducted by an accredited FDR practitioner – a neutral third party whose job is to help both parents focus on what matters: the children.

The mediator doesn’t take sides or make decisions. They help you both identify the issues, explore options, and reach an agreement you can actually live with. Sessions can be held in person, by phone, or online, and they’re confidential – what’s said in mediation can’t be used against you in court later.

Parenting plan mediation typically takes a few hours to a few days, depending on how many issues are in dispute and how willing both parties are to engage. It’s far cheaper and faster than litigation, and the agreement tends to be more realistic because you both had a hand in making it.

Is Mediation Required Before Going to Court?

In most cases, yes. Under the Family Law Act 1975, parents are required to make a genuine attempt at FDR before applying to the court for parenting orders. If mediation doesn’t resolve things, the FDR practitioner issues a Section 60I certificate, which is what you need to file a court application.

This applies whether you’re going through a divorce, a de facto separation, or any other kind of split. Our divorce lawyers and de facto lawyers can help you understand what this means for your specific situation.

It’s worth noting that mediation is also required before applying for property or financial orders in most circumstances – something our property settlement lawyers can walk you through separately if needed.

What Should a Parenting Plan Cover?

A good parenting plan is specific enough to prevent disagreements, but not so rigid it can’t accommodate real life. Common inclusions are:

Where the children will live and how time is divided between parents
Arrangements for school weeks, weekends, and school holidays
How changeovers will happen – when, where, and who’s responsible
How parents will communicate with each other (and how children can contact the other parent)
Who makes decisions about education, healthcare, and extracurricular activities
Arrangements for special occasions like birthdays and public holidays
What happens if one parent needs to travel or relocate

If child support is also in play, it’s handled separately through Services Australia or a formal child support agreement, but it’s useful to have both sorted around the same time. Speak to child support lawyers for more information.

Is a Parenting Plan Legally Binding?

Not on its own. A parenting plan is a private agreement – it’s not enforceable by a court in the same way that formal orders are. If one parent doesn’t stick to it, you can’t take immediate legal action based on the plan alone.

That said, courts do take parenting plans seriously. Under the Family Law Act 1975, a court may have regard to the most recent parenting plan in any future proceedings, particularly if the arrangements show what the parents agreed was in the child’s best interests.

If you want the agreement to be legally enforceable, the next step is Consent Orders. These are submitted to the Federal Circuit and Family Court of Australia for approval, and once granted, carry the same legal weight as any court order. Our child custody lawyers can help you formalise your agreement this way.

What if You Can’t Reach an Agreement?

If mediation doesn’t work – whether because the other parent won’t engage, or because you simply can’t find common ground – the FDR practitioner issues a Section 60I certificate. This allows either parent to apply to the court for parenting orders.

The court then decides based on the best interests of the child, taking into account each parent’s involvement, the child’s relationships and needs, and any safety concerns.

It’s a more adversarial process, and it takes longer. Getting advice from child custody solicitors early – before things escalate – usually puts you in a much better position.

When Mediation isn’t Required

There are limited circumstances where you’re not required to attempt FDR. These include situations involving family violence, serious safety concerns, or cases where urgent court orders are needed. If any of these apply to your situation, please speak with a lawyer before taking any steps.