Parenting plans versus consent orders: what’s the difference?

If you and your former partner have agreed on arrangements for your children, there are different ways you can record that agreement.

Two common options are a parenting plan or consent orders. While they can cover many of the same parenting arrangements, there are important differences between them.

Option 1. What is a parenting plan?

A parenting plan is a written agreement between parents about arrangements for their children. To be a parenting plan under the Family Law Act 1975⁠, it must be in writing, signed and dated by both parents.

A parenting plan isn’t legally enforceable in the same way as a parenting order. This means that if the other parent doesn’t follow the plan, you can’t simply ask the Court to enforce it or bring contravention proceedings on the basis that they haven’t complied with it.

That doesn’t mean parenting plans aren’t useful.

For example, a parenting plan can provide some structure and certainty while still allowing flexibility. This can be particularly helpful for younger children, where parenting arrangements may need to change as they grow, or where a child is rebuilding their relationship and time with a parent following separation. These are just some examples – whether a parenting plan is appropriate will depend on the circumstances of your family.

Parents can also agree to review a parenting plan after a particular period, rather than trying to predict what arrangements will work for their children several years into the future.

Option 2. What are consent orders?

Consent orders are legally binding orders made by the Court with the agreement of the parties. You don’t need to be involved in existing Court proceedings to apply for consent orders⁠. If you’ve reached an agreement, you can apply directly to the Court to have that agreement formalised.

Before making parenting orders, the Court must be satisfied that the proposed arrangements are in the children’s best interests. Once made, the orders must be followed and can be enforced if one parent doesn’t comply.

That additional certainty can be important where there have been difficulties with communication or compliance, or where parents want a final arrangement they can rely upon.

Which option is right for you?

There isn’t one answer that suits every family.

A parenting plan may provide useful flexibility where arrangements are still developing or are likely to change. Consent orders provide greater certainty and enforceability, but final parenting orders aren’t necessarily straightforward to change later.

Under section 65DAAA of the Family Law Act 1975⁠, if one parent asks the Court to reconsider final parenting orders, the Court will consider whether there has been a significant change of circumstances and whether reconsidering the orders is in the child’s best interests.

It’s also important to get advice before entering into a parenting plan where parenting orders already exist. A later parenting plan can affect how existing parenting orders operate and whether parts of those orders can be enforced.

If you’ve reached an agreement about your children and aren’t sure how best to document it, our family lawyers can advise you about the option that best suits your family’s circumstances.

Reach out for a confidential, no-obligation conversation today.