There are two ways to formalise a parenting arrangement:
entering into a parenting plan, and
applying to the family law court for consent orders.
There is no requirement to formalise a parenting agreement. There are both advantages and disadvantages to parenting plans and consent orders.
For example, the courts cannot enforce a parenting plan as it is not legally binding. Parenting plans can, however, be easily changed or updated and used as evidence in court proceedings. Consent orders, in contrast, are legally binding and enforceable. However, consent orders are only possible to change with the other parent’s agreement.
How you formalise custody of your child depends on your agreement with the other parent and your family situation. We recommend obtaining advice from a family lawyer before formalising your agreement.