What Separating Parents Need to Know About Parenting Plans and Consent Orders
When parents separate, one of the most important decisions they face is how to formalise their arrangements for the children. Two legal pathways are available, a Parenting Plan or Consent Orders, and the difference between them matters more than most parents realise. This is often one of the first things to work through when children are involved. Both options can work well, and the right choice depends entirely on the family's circumstances and the level of certainty they need.
What Is a Parenting Plan?
A Parenting Plan is a written agreement between parents that sets out the arrangements for their children: where they live, how time is divided, how decisions are made, and how the parents will communicate.
It is not approved by a court and is not legally enforceable in the way court orders are. If one parent does not follow the plan, the other cannot directly enforce it through the courts without taking further steps.
Parenting plans work well when both parents have a cooperative relationship and genuinely intend to stick to what they have agreed. They are flexible, and can be changed by agreement without going back to a court. For some families, that flexibility is exactly what they need.
What Are Consent Orders?
Consent Orders are parenting arrangements that have been submitted to and approved by the Federal Circuit and Family Court of Australia. Once made, they have the same legal force as any other court order.
Consent Orders are binding. If a parent does not comply, the other can apply to the court for enforcement. That certainty can be important, particularly where there has been conflict, or where one parent has concerns about the other following through.
Applying for Consent Orders involves submitting the proposed arrangements to the court for approval. The court reviews them to ensure they are in the best interests of the children. It is not simply a rubber stamp. A filing fee of $205 applies, though this may be waived where a party holds a government concession card, has a Legal Aid grant, or meets financial hardship criteria.
Consent Orders Are Not Only for Parenting
Consent Orders are not limited to arrangements for children. They can also be used to formalise a property settlement, giving both parties certainty about how assets are divided. Before making them, the court needs to be satisfied that the orders are fair and equitable; where they are not, the court will not make them.
Consent Orders can also be made on an interim basis. Where parents reach an agreement about what will work in the shorter term, for example before the next court date, the court is able to make interim orders that hold until a longer-term arrangement is reached.
Which Is Right for Your Family?
The answer depends on several factors: the level of trust and communication between the parents, whether there has been any history of family violence or non-compliance, and how much certainty each parent needs going forward.
It helps to think about what the relationship might look like in two or five years, not just right now. Consent Orders provide a clear framework if things become difficult later, while a Parenting Plan requires ongoing goodwill to function.
In some cases, parents start with a Parenting Plan when the separation is recent and the situation is still settling, and move to Consent Orders once they have a clearer picture of what arrangements are working. Both paths can be appropriate at different stages.
What matters most is that any arrangement genuinely serves the children's interests, not just what is most convenient for the adults.
Dawson Pouwhare Legal & Conveyancing helps separating families across Lake Macquarie and the Hunter from offices in Cardiff and Morisset. To talk through what is right for your family, contact us on (02) 4954 8666.
