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. The difference between them matters more than most parents realise. Jamie-Lee Pouwhare, Principal Solicitor at Dawson Pouwhare says,

"This is one of the first things I work through with clients who have children. Both options can work well. The right choice depends entirely on the family's circumstances and what 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," Jamie-Lee explains. "They are flexible. You can change them 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," Jamie-Lee says. "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.

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.

"I always encourage parents to think about what the relationship might look like in two or five years, not just right now," Jamie-Lee says. "Consent Orders provide a clear framework if things become difficult later. 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, Jamie-Lee emphasises, is that any arrangement genuinely serves the children's interests, not just what is most convenient for the adults.

Kathryn Wielinga practises in family law at Dawson Pouwhare Legal & Conveyancing. To discuss parenting arrangements following separation, contact our team on (02) 4954 8666.