Parenting Plan vs Parenting Orders in Australia: Which Path for Grandparents

When a grandchild moves in, the first question is usually practical: can we just agree on this between us, or do we need to go to court? The answer depends on what you need the arrangement to do — and how reliable the parent is likely to be over time.

Families often document a care arrangement for a grandchild in a written agreement, a statutory declaration, or a parenting order made by the court. A statutory parenting plan under section 63C is an agreement between the child's parents, so a grandparent's agreement with a parent is not itself a parenting plan under that section. Each approach serves a different purpose.

Parenting Plans: The Parents' Informal Written Agreement

A parenting plan under section 63C of the Family Law Act 1975 is a written, signed, dated agreement between the child's parents about care arrangements, including where the child lives, time with others, and parental responsibility. It must be made free from threat, duress, or coercion. The child's parents can record an agreed arrangement for the child to live with you. It does not require a lawyer or a court.

What it can do:

• Let the child's parents record a voluntary agreement for the child to live with you
• Outline how major decisions (schooling, medical, religion) will be shared
• Provide evidence to Centrelink that you are the child's primary carer, which supports a Family Tax Benefit (FTB) claim under the percentage-of-care rules

What it cannot do:

• It is not enforceable by a court. If the parent changes their mind and demands the child back tomorrow, the parenting plan has no legal force to stop them.
• Schools, medical providers, and the passport office may not accept it as proof of your authority to make decisions for the child. They often want a court order.
• If the parent is volatile, unwell, or involved in substance use, a voluntary agreement is only as reliable as their willingness to honour it.

When it works well:

A parenting plan is reasonable when the parent genuinely agrees to the arrangement, is cooperative, and the care arrangement is expected to be stable. Some families use a parenting plan as a first step while deciding whether to pursue consent orders in the court — it puts the agreement on paper immediately while the longer process runs in the background.

Statutory Declarations: A Stopgap, Not a Solution

A statutory declaration is a written statement you sign in front of an authorised witness under the applicable state or territory law, declaring that a child is in your care. Eligible witnesses differ by jurisdiction. It carries a penalty for false statements.

What it can do:

• Satisfy Centrelink's proof-of-care requirements in the short term — Services Australia accepts a statutory declaration as initial evidence while formal documentation is being arranged
• Provide temporary evidence to a school that the child is in your care, which may be enough for enrolment in some states
• Show a GP that you are the child's carer, which may allow routine (non-major) medical treatment

What it cannot do:

• It does not grant parental responsibility. It is a statement of fact ("this child lives with me"), not a grant of legal authority.
• It can be contradicted by the parent at any time. If a parent turns up at the school and says "I'm the parent, I'm taking the child," the statutory declaration does not give you any legal basis to prevent that.
• The passport office will not accept a statutory declaration in place of parental consent or a court order.

When it works well:

As a bridge. The child has arrived suddenly — maybe overnight — and you need to get them to a doctor or enrolled in school this week. A statutory declaration buys you time while you pursue family dispute resolution and a court application.

Parenting Orders: The Binding Court Arrangement

A parenting order in a federal family law matter is made under Part VII of the Family Law Act 1975 by the Federal Circuit and Family Court of Australia (or, in WA, the Family Court of Western Australia). Non-married or de facto parenting matters in WA are governed by the Family Court Act 1997 (WA). Once sealed, the order is binding and determines who the child lives with, how time is spent with other people, and who holds parental responsibility for major long-term decisions.

What it can do:

• Give you enforceable, legally binding authority over the child's care arrangements
• Help establish your authority with schools, Medicare, hospitals, and other agencies; institutions often need to see the sealed order, and your authority depends on its terms. Passport applications have separate consent requirements.
• A final parenting order remains in force until the child turns 18, marries, enters a de facto relationship, or is adopted, unless the court varies the order
• Support your Centrelink claims for FTB, Carer Payment, and Child Support assessments with the strongest possible evidence
• Be enforced through contravention proceedings if a parent breaches the order

What it requires:

• In most cases, you must first attempt Family Dispute Resolution (FDR) and obtain a section 60I certificate before filing — unless an exemption applies (family violence, urgency, child abuse, or incapacity)
• Filing fees apply: $455 for a final-only application, $610 if you also seek interim orders (fee exemptions are available for concession card holders and those in financial hardship)
• The process takes months — interim orders can provide temporary arrangements while the matter is resolved

Two types of parenting order:

• Consent orders — when you and the parent agree on the terms and ask the court to seal the agreement. This costs $215 to file and does not require a hearing. The order carries the same legal weight as a contested final order.
• Contested orders — when you and the parent cannot agree and the court decides after hearing evidence. This involves affidavits, potentially a family report, and one or more hearings.

The Practical Comparison

Which Path Makes Sense for You

Start with a parenting plan or statutory declaration if:

• The parent is cooperative and the arrangement is genuinely agreed
• You need something on paper immediately for Centrelink or the school
• You are pursuing FDR and expect to move to consent orders once the process is complete
• There is no safety risk to the child

Go straight to court if:

• The parent is volatile, has a substance use issue, is in prison, or is otherwise unable to maintain a stable agreement
• There is any risk of family violence or child abuse — FDR exemptions under section 60I(9) allow you to file directly
• You need formal authority for major long-term decisions or a passport application when consent is unavailable; the order's terms determine whether it gives that authority
• You want long-term certainty — a final parenting order lasts until the child turns 18, marries, enters a de facto relationship, or is adopted

Use both:

Many grandparents start with a statutory declaration to manage the immediate crisis, then work through FDR and file for consent orders or contested orders once the dust settles. The statutory declaration does not prevent you from applying for orders, and the court does not penalise you for having used one as a short-term measure.

Next Steps

The Parenting Orders for Grandparents and Relatives guide covers the full court pathway from family dispute resolution through to final orders — both the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. It includes a step-by-step checklist, the exact forms you need, fee exemption instructions, and post-order guides for Centrelink, schools, and Medicare.

If you are still weighing your options, the free Parenting Orders Checklist outlines the key steps at a glance.

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