A Custody Agreement — formally known in Australian law as a Parenting Agreement — is a written document that sets out the arrangements agreed by two parents for the care, welfare and development of their children following separation. Australian family law does not use the word 'custody' in the formal legal sense: the Family Law Act 1975 (Cth) instead uses the concepts of 'parental responsibility', 'live with' and 'spend time with' to describe the arrangements made for children after their parents separate. Despite this, the term 'custody agreement' remains widely understood by parents and is commonly used to describe the type of parenting arrangement this document sets out. Under the Family Law Act 1975 (Cth), the best interests of the child is the paramount consideration in all decisions made about children, including agreements reached voluntarily by their parents. Section 60CA of the Act enshrines this principle. Section 60CC sets out the factors relevant to determining what is in a child's best interests, including the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from harm, the child's views and wishes having regard to their age and maturity, the nature of the child's relationship with each parent, and the capacity of each parent to provide for the child's physical, emotional, intellectual and cultural needs. A Custody Agreement should be drafted with these factors in mind. The Family Law Amendment Act 2023 (Cth), which came into effect on 6 May 2024, made the most significant changes to Australian family law in nearly two decades. It removed the presumption of equal shared parental responsibility that had applied since 2006 under the former section 61DA. Under the current framework, there is no presumption in favour of any particular arrangement — equal time, equal shared parental responsibility or otherwise. Courts and parents alike must focus entirely on the individual child's needs as assessed against the revised section 60CC factors. This reform is directly relevant to Custody Agreements because it means that what is agreed must genuinely reflect the specific child's circumstances and needs, not a default assumption of equality. Parental responsibility is defined in section 61B of the Family Law Act 1975 (Cth) as all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children. Under section 61C, each parent of a child under 18 has parental responsibility for that child unless a court order provides otherwise. Parental responsibility encompasses decisions about the child's education, healthcare, religious upbringing, extra-curricular activities, name and place of residence. A Custody Agreement should set out clearly whether parental responsibility will be shared equally — meaning both parents consult and decide together — or will be held primarily by one parent. The live-with and spend-time provisions are the practical heart of any Custody Agreement. The live-with clause specifies where the child primarily resides — with Parent 1, with Parent 2, or in a shared care arrangement dividing time substantially equally between both homes. The spend-time schedule sets out in practical detail the regular fortnightly or weekly timetable, including school-term arrangements, holiday schedules for each school break, and how Christmas, Easter, birthdays, Mother's Day, Father's Day and other special occasions are divided. The more specific and detailed the schedule, the less room there is for future disagreement. Handover arrangements should also be addressed: where and how the child transitions between parents, what the child should bring to each home, and what happens if one parent is late or unable to attend handover. International travel provisions are increasingly important and should specify the notice period and consent requirements before a parent takes the child overseas. Taking a child out of Australia without the other parent's consent or a court order may constitute international parental abduction under the Family Law (Child Abduction Convention) Regulations 1986 (Cth), a serious criminal offence. A Custody Agreement should include a dispute resolution clause requiring the parents to attend family dispute resolution (FDR) before applying to the Federal Circuit and Family Court of Australia (FCFCOA) for a parenting order. Section 60I of the Family Law Act 1975 (Cth) generally requires parties to have a section 60I certificate from an accredited FDR practitioner before a court will accept a parenting application, except in cases of urgency, family violence or risk of harm to the child. Including a relocation clause — specifying the notice and consent required before a parent moves in a way that would significantly disrupt the arrangements — is also prudent. A Custody Agreement under Australian law is a parenting plan within the meaning of section 63C of the Family Law Act 1975 (Cth). It is not a court order and is not directly enforceable as such. If both parents later want the arrangements to be legally enforceable, they may apply jointly to the FCFCOA for a consent order that reflects the terms of the agreement. The most recent parenting plan signed by both parents will operate to discharge any earlier parenting order to the extent of any inconsistency under section 64D, making the agreement a powerful tool for parents who wish to update their arrangements cooperatively without returning to court.

A Parenting Plan is a written agreement between separated or separating parents in Australia that sets out the arrangements for the care, welfare and development of their children. Unlike a parenting order made by a court, a Parenting Plan is a private document agreed upon by both parents and is recognised under section 63C of the Family Law Act 1975 (Cth) as a binding agreement that can guide the family's co-parenting arrangements without the need for court intervention. The Family Law Act 1975 (Cth) places the best interests of the child as the paramount consideration in all decisions relating to children, as stated in section 60CA. Section 60CC sets out the factors to be considered when determining what is in a child's best interests, including the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from harm, the child's views and wishes, the nature of the child's relationship with each parent, the willingness of each parent to facilitate the other parent's involvement in the child's life, and any history of family violence or abuse. A well-drafted Parenting Plan addresses all of these considerations. Australia's family law system was significantly reformed by the Family Law Amendment Act 2023 (Cth), which came into effect in May 2024 and removed the presumption of equal shared parental responsibility that had previously applied under the old section 61DA. Under the current framework, there is no automatic presumption in favour of any particular arrangement. Instead, courts and parents alike must focus entirely on what arrangement best serves the individual child's needs and interests, assessed against the section 60CC factors. This makes it more important than ever for parents to set out their arrangements clearly in a Parenting Plan. A Parenting Plan covers several key areas of a child's life. Living arrangements specify where the child will primarily reside and how time is divided between the parents. The contact and communication schedule records how regularly the child spends time with each parent, including during school terms, school holidays, public holidays, special occasions such as birthdays and Christmas, and the specific handover times and locations. Decision-making provisions address how significant long-term decisions about the child's education, health, religion and extra-curricular activities will be made — whether jointly by both parents or primarily by one parent. The Parenting Plan should also address communication between the parents themselves, ensuring that information about the child's health, education and welfare is shared openly and promptly. International travel provisions are increasingly important and should specify the notice period required before a parent takes the child overseas and whether the other parent's written consent is required. Under Australian law, taking a child overseas without the other parent's consent may constitute international parental child abduction, which is a serious criminal offence. Relocation clauses protect both parents and the child by setting out what must happen before a parent moves to a new location that would significantly affect the existing arrangements. The Family Court of Australia (now part of the Federal Circuit and Family Court of Australia, or FCFCOA) has a developed body of case law on relocation matters, recognising the fundamental tension between a parent's right to move and the child's right to maintain a meaningful relationship with both parents. Dispute resolution provisions are essential. Under section 60I of the Family Law Act 1975 (Cth), parents are generally required to attend family dispute resolution (FDR) before applying to the court for a parenting order, except in cases involving urgency, family violence or child abuse. Specifying mediation or FDR as the first step in resolving disagreements about the Plan ensures compliance with this requirement and encourages resolution without the cost and emotional toll of litigation. A Parenting Plan is a practical, flexible and child-centred document that enables parents to take responsibility for their children's welfare without placing that responsibility in the hands of a court. It can be updated as the child grows and circumstances change, making it the preferred starting point for most separating Australian families.

Create a Commonwealth Statutory Declaration in the form prescribed by Schedule 1 of the Statutory Declarations Regulations 2018 (Cth). Compliant with the Statutory Declarations Act 1959 (Cth). Used for identity verification, lost documents, government applications, and other official purposes. Must be signed before an authorised witness (JP, lawyer, pharmacist, police officer, and others listed in section 8 of the Regulations).

Create an Australian Separation Agreement covering property settlement under s79 FLA, parenting arrangements under Part VII FLA, child support under the Child Support (Assessment) Act 1989, spousal maintenance, superannuation splitting under Part VIIIB, and debt allocation. Suitable for married couples and de facto couples separating in all Australian states and territories.