Parenting plans vs consent orders:
what is the difference?

Some parents initially manage arrangements through:

• Conversations.
• Text messages.
• Emails.
• Shared calendars.
• Practical routines that develop over time.

Possible advantages include speed, flexibility and low formality. Possible risks include misunderstandings, inconsistent expectations, difficulty proving what was agreed, limited certainty and lack of enforceability. Informal arrangements are not unsuitable in every case, but they may not be the right fit where the issues are complex or trust is low.

A parenting plan is generally a written agreement between parents about the care, welfare and development of a child. It should be in writing, signed, dated and made voluntarily.

An agreement is not treated as a parenting plan under the Family Law Act if it was made under threat, duress or coercion. The legislation expressly requires a parenting plan to be free from those things.

A parenting plan may address:

• Where the child lives.
• Time with each parent.
• Telephone or video communication.
• School arrangements.
• Medical issues.
• Holidays.
• Birthdays and special occasions.
• Travel.
• Changeovers.
• Decision-making.
• Communication between parents.
• Review mechanisms.
• How future disagreements will be managed.

The terms should be practical, specific enough to reduce uncertainty and suited to the child's needs.

A parenting plan is not enforceable in the same way as a parenting order. A person cannot usually bring contravention proceedings merely because the other parent did not follow a parenting plan.

That said, the plan may still be relevant evidence, and the Family Law Act requires the Court to have regard to the terms of the most recent parenting plan when later making parenting orders, where doing so is in the child's best interests.

Consent orders are parenting orders made by the Court where the parties agree on the proposed terms. Typically:

• The parties submit proposed orders to the Court.
• The Court considers whether the parenting arrangements are in the child's best interests.
• The orders become legally binding once made.
• A contested hearing is not ordinarily required merely because consent orders are sought.

The Federal Circuit and Family Court of Australia confirms that parents who agree may apply for consent parenting orders to make their agreement legally binding.

The Court must independently consider whether proposed parenting orders are appropriate and in the child's best interests. The Court may:

• Request further information.
• Decline unclear or inappropriate terms.
• Require risk information.
• Reject orders that are not workable or child-focused.

It should not be assumed that consent orders are merely rubber-stamped.

The interaction between later parenting plans and existing orders is not always straightforward and is considered further below.

Parenting plans may be easier to update as children grow or circumstances change. Possible uses include adjusting school-week routines, changing holiday arrangements, responding to new work schedules, updating communication methods and reviewing practical details.

Flexibility can be an advantage where parents communicate well, but it may create uncertainty where cooperation is poor. Where an older child resists a particular arrangement or asks for changes, see how a child's views affect parenting arrangements.

Consent orders provide stronger legal certainty. They create binding obligations, may carry contravention consequences and offer clearer remedies where arrangements are not followed. They must be complied with unless they are changed. Detailed contravention procedure is beyond the scope of this guide, and advice should be obtained where compliance is in question.

Parents may enter into a later parenting plan after orders are made, and the Family Law Act recognises that parenting orders may operate subject to a later parenting plan unless the orders state otherwise. However:

• The underlying court orders still exist.
• The interaction can be legally complex.
• Relying on a later parenting plan may create uncertainty.
• Legal advice may be appropriate before departing from existing orders.

The Court's general guidance is that parents may agree to alter arrangements by entering into a parenting plan or by applying for consent orders varying the existing orders.

A parenting plan may be useful where:

• Communication is workable.
• Both parents intend to cooperate.
• Arrangements need flexibility.
• There are no significant safety concerns.
• The issues are relatively straightforward.
• The parents want a written framework without immediately seeking orders.

These factors do not guarantee suitability; advice may still be useful.

Consent orders may be preferable where:

• Greater certainty is needed.
• Trust is limited.
• There have been repeated disagreements.
• Detailed obligations are required.
• Relocation, travel or major decisions need clarity.
• Existing proceedings are underway.
• Future enforcement may be important.
• There are complex or long-term arrangements.

Court orders do not, by themselves, solve every communication problem.

Neither a parenting plan nor consent orders should be negotiated under pressure or without appropriate safeguards. Relevant concerns may include:

• Family violence.
• Coercive control.
• Threats.
• Fear of consequences.
• Financial abuse.
• Inability to negotiate freely.
• Unsafe changeovers.
• Child-safety concerns.

Legal advice and specialist support may be necessary. Mediation is not appropriate in every case.

A parenting plan is a common outcome of successful Family Dispute Resolution or mediation. The mediator does not impose the terms. Parents should understand the practical and legal effect of what they sign, and legal advice may be useful before signing. Parents may instead decide to seek consent orders.

For a wider view of the mediation process, see mediation after separation.

Parents who reach agreement at mediation may later convert agreed terms into consent orders. The process usually involves refining the wording, ensuring arrangements are workable, completing court documentation and providing required risk information. The Court still considers whether the proposed orders are in the child's best interests. Detailed filing instructions are not the subject of this guide.

The distinction between parenting consent orders and property consent orders is worth keeping in mind; for property-only matters, see reaching a property settlement without going to court.

A parenting plan may record agreement about relocation, but where a move will significantly affect the child's relationship with another parent, greater legal certainty may be needed. A parenting plan does not automatically resolve every future relocation issue. For more on recording arrangements where a parent proposes to relocate, see the dedicated guide.

Plans may cover consent to travel, passports, notice periods, itineraries, communication while away and return dates. Court orders may provide greater certainty where there is concern about non-return or international travel risk.

Informal arrangement or parenting plan

Possible responses may include direct discussion, written clarification, Family Dispute Resolution, obtaining legal advice or applying for consent orders or parenting orders where necessary.

Consent orders

Parenting orders are binding and non-compliance may have legal consequences, although the circumstances and any reasonable excuse may matter. Detailed contravention advice belongs with a lawyer in the particular case.

Parents may:

• Use a parenting plan for flexible practical detail.
• Obtain consent orders for core arrangements.
• Later enter a parenting plan to adjust certain details.
• Seek varied consent orders where greater certainty is needed.

Combining the two requires care to avoid inconsistency, and legal advice may help.

• How well can we communicate?
• Are there safety or coercion concerns?
• Do we need enforceable arrangements?
• How likely are circumstances to change?
• Are the proposed terms clear and workable?
• Is international travel or relocation involved?
• Are there existing parenting orders?
• Has either parent repeatedly failed to follow agreements?
• Would legal advice help clarify the consequences?
• Is the arrangement genuinely focused on the child's best interests?

For the broader parenting framework, see parenting arrangements after separation.

• “A parenting plan is the same as a court order.” It is not.
• “Consent orders require a contested hearing.” They do not, merely because they are sought by consent.
• “The Court automatically approves whatever parents agree.” It does not.
• “A parenting plan can never affect existing orders.” In some circumstances, it can.
• “A child can enforce a parenting plan.” A child does not bring enforcement.
• “Consent orders can never be changed.” They can, through proper processes.
• “A parenting plan is always better because it is more flexible.” Not in every case.
• “Court orders are always better because they are enforceable.” Not in every case either.
• “An agreement made at mediation is automatically binding.” It is not, unless properly documented.

1. Identify the child's current needs and routines.
2. Decide which issues need to be recorded.
3. Consider whether flexibility or enforceability is more important.
4. Identify any safety concerns.
5. Make terms clear and workable.
6. Consider how holidays, travel and changeovers will operate.
7. Check whether existing orders apply.
8. Understand the difference between a parenting plan and consent orders.
9. Obtain legal advice where necessary.
10. Review arrangements as the child's needs change.

For an overview of the practical steps in the first weeks after separation, see a calm first checklist. Further cornerstone material on Divorce and Child Support will appear in the guides library over time.