When parents separate, one of the most important decisions is how to formalise arrangements for their children. Two main options exist: parenting plans and consent orders. Understanding the differences, benefits, limitations, and processes for each is essential to make the best decision for your family. This guide covers everything you need to know.
What is a Parenting Plan?
A parenting plan is a voluntary, written agreement between parents (and sometimes extended family) outlining arrangements for children after separation.
Key Elements of a Parenting Plan:
- Living arrangements: Where the child will live on weekdays, weekends, and holidays
- Time with each parent: How much time the child spends with each parent or guardian
- Decision-making responsibilities: Education, health, religion, and extracurricular activities
- Communication guidelines: How parents will share information and stay updated
- Dispute resolution: Steps to follow if disagreements arise
Pro Tip: Parenting plans are flexible and can be updated anytime with written consent from both parents.
Are Parenting Plans Legally Binding?
Parenting plans are not legally enforceable. If a parent does not comply, there is no immediate legal recourse. However, courts must consider a parenting plan when making decisions regarding a child’s best interests.
Best for: Parents who can communicate effectively and want control over their arrangements without court involvement.
What are Consent Orders?
Consent orders are legally binding court orders agreed to by both parents and made by the Federal Circuit and Family Court of Australia.
Benefits of Consent Orders:
- Legally enforceable: penalties apply for non-compliance
- Provides certainty and reduces risk of disagreements
- Reflects agreements reached through negotiation or mediation
Example: A consent order may state that both parents share equal decision-making responsibility for schooling and health, with set schedules for holidays and living arrangements.
Applying for Consent Orders
To apply, you usually need to submit:
- Proposed consent orders
- Application for consent orders
- Notice of child abuse, family violence, or risk (if applicable)
Note: Court filing fees apply, and only orders in the best interests of the child will be approved.
Parenting Plans vs Consent Orders: Key Differences
| Feature | Parenting Plan | Consent Orders |
| Legal enforceability | Not enforceable | Legally binding |
| Flexibility | Can be updated anytime with agreement | Can be changed by court or by written agreement between the parties |
| Cost | Minimal | Court filing fees apply |
| Court involvement | Optional | Required |
| Ideal for | Cooperative parents | Parents needing enforceability |
Choosing the Right Option
Parenting Plan:
- Best if parents can communicate openly
- Flexible and low-cost
- Avoids court involvement
Consent Orders:
- Best if there’s a risk a parent may not follow agreements
- Provides legal enforceability and penalties
- Provides more certainty
Tip: Parents may start with a parenting plan and later convert it into consent orders if circumstances change.
Things to consider when entering a Paranting Plan or Consent Orders regarding parenting
- Identify Priorities: Consider routines, schooling, activities, and special occasions.
- Write the Plan: Clearly outline arrangements and responsibilities.
- Consider Mediation: If disagreements exist, a mediator can help reach fair compromises.
- Seek Legal Advice: A family lawyer ensures the plan or consent orders are is fair and legally sound.
Choosing the Right Parenting Arrangement
Understanding parenting plans vs consent orders is essential for parents navigating separation. By considering your communication style, risk of non-compliance, and need for flexibility or enforceability, you can select the right arrangement for your family.
For personalised advice, a family lawyer in Sydney can help draft, review, and formalise agreements to ensure children’s best interests are protected.