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Parenting plans: what goes in one, who must help, how it is made official

When a parenting plan is optional and when it is required, what it covers, who has to help prepare it, and how it is registered or made a court order.

Last updated:
14 November 2026
Checked against the law:
14 November 2026

The short answer

A parenting plan is a written agreement between people who share responsibility for a child. It is optional when you agree. When you are having difficulties, the Children's Act says you must try to agree one before going to court, with the help of a family advocate, social worker or psychologist, or through mediation. It can be registered with a family advocate or made a court order.

At a glance

What it is
A written agreement about a child
Between the people who share parental responsibilities and rights (section 33).
Is it required?
Before court, yes
If you are having difficulties, you must first try to agree a plan (section 33(2)).
Who must help
A professional
A family advocate, social worker or psychologist, or a mediator (section 33(5)).
The test
The child's best interests
A plan must meet that standard (sections 7 and 33(4)).

Plainly can help you prepare for a parenting plan. It does not write one for you: the Act puts that work with the professionals above.

Mediation is not safe if there has been abuse, threats or fear. If that is your situation, start with crisis lines and protection orders.

What a plan can cover

The Act names four things (section 33(3))

  • Where, and with whom, the child lives
  • Maintenance for the child
  • Contact between the child and each of you, and with other people
  • The child's schooling and religious upbringing

Step by step

  1. Work out what you already agree on

    Who:
    Both of you
  2. Listen to the child

    Who:
    Both of you
  3. Get the help the Act requires

    Who:
    A family advocate, social worker, psychologist or mediator
  4. Put it in writing and sign it

    Who:
    Both of you
  5. Make it official

    Who:
    Both of you
    Where:
    A family advocate, or a court

What "best interests" looks at

A plan has to meet the child's best interests. The Act lists what counts (section 7).

Some of the factors

  • The child's relationship with each parent and with other people who care for them
  • Each parent's attitude to the child and to their responsibilities
  • Each parent's capacity to meet the child's needs, including emotional ones
  • The likely effect on the child of a change, or of being separated from someone
  • How hard and how costly contact with a parent would be
  • The child's age, maturity and stage of development
  • The need for a stable family environment
  • Protection from physical or psychological harm, and any family violence
  • Which course avoids further legal proceedings

Decisions that need more than one of you

  • Day to day

    Either of you

  • Major decisions

    Consider the other's views

  • Consent of all guardians

    Unless a court orders otherwise

Changing a plan

  • Registered with a family advocate

    Section 34(4)

  • Made a court order

    Section 34(5)

What goes wrong

  • Going to court first

    Worth checking: whether you have tried to agree a plan, and who helped.

  • A plan nobody qualified has seen

    Worth checking: that you have the professional's statement to go with the application.

  • Blocking contact that an order gives

    Worth checking: what the order says, before a handover is refused.

  • Moving and not saying so

    Worth checking: that the other person has your new address in writing.

  • Leaving travel and passports out

    Worth checking: what the plan says about holidays abroad and passport applications.

What to gather

Before the first meeting

  • The child's ordinary week: school, activities, who fetches and when
  • School holidays, birthdays and religious days, and how you see them being shared
  • What the child costs each month
  • What the child has said they want, in their own words
  • Any existing order or written agreement
  • The points you already agree on, and the ones you do not

What this means for you

The plan itself is finished with a professional, because the Act says so. What you bring to that meeting is yours: the child's week, the costs, and a clear list of what is and is not agreed.

Sources

Every legal statement in this guide comes from one of these. We checked each statement against its source. A legal practitioner has not reviewed this guide.

  1. Children's Act 38 of 2005, sections 7, 10, 18, 30, 31, 33, 34 and 35 (consolidated to 28 May 2025)
  2. Plainly crisis lines

Independent. Not a law firm. Legal information, not legal advice.