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Consent Orders v Parenting Plan: Key Differences Every Parent Should Know
Navigating a separation is one of the most taxing experiences a parent can face. In the Australian legal landscape, specifically under the Family Law Act 1975, there are two primary paths for documenting the care of your children: Consent Orders or a Parenting Plan. While both aim to provide structure, they offer vastly different levels […]
Consent Orders v Parenting Plan: Key Differences Every Parent Should Know
Navigating a separation is one of the most taxing experiences a parent can face. In the Australian legal landscape, specifically under the Family Law Act 1975, there are two primary paths for documenting the care of your children: Consent Orders or a Parenting Plan. While both aim to provide structure, they offer vastly different levels of legal protection and long-term security.
In this guide, we draw upon the decades of cumulative experience held by the team at Aylward Game Solicitors, including Accredited Specialist Ian Field and Family Lawyer Emma Macdonald, to help you decide which path is right for your family’s future.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
2024-2026 Family Law Reform: The Best Interests of the Child
In 2026, child custody in Australia is governed by the Family Law Act 1975, with the landmark Family Law Amendment Act 2024 changes now in effect. The law has moved away from the “presumption of equal shared parental responsibility.”
Now, Section 60B mandates that all arrangements must purely focus on the best interests of the child. This includes ensuring safety from family violence and respecting the child’s right to maintain a connection with their culture and heritage. All Parenting Plans and Consent Orders must now align with these streamlined safety and advocacy standards.
What is a Parenting Plan?
A parenting plan is a flexible, written arrangement made between co-parents. To be valid under Section 63C of the Family Law Act, it must be:
- In writing.
- Signed by both parents.
- Dated.
- Made free from any form of coercion or threat.
It covers practicalities such as where the child lives, the time spent with each parent, and how major long-term decisions (education, health, religion) are made.
Is a parenting plan legally binding?
Strictly speaking, no. A parenting plan is not a Court order. If one parent decides to stop following the plan tomorrow, the Police or the Court cannot immediately step in to force compliance.
However, if you later find yourself in Court, the Judge must consider the terms of the most recent parenting plan when determining what is in the best interests of the child.
What is a Consent Order?
A consent order is a formal legal document approved by a Judge or Registrar of the Federal Circuit and Family Court of Australia. Even though you and your ex-partner agree on the terms (hence consent), once the Court seals the document, it has the same legal force as an order made by a Judge after a full trial.
The Legal Weight of Consent Orders
Unlike a plan, consent orders are legally binding and enforceable. If a parent breaches a consent order without a “reasonable excuse,” they may face penalties ranging from make-up time to fines or, in extreme cases, imprisonment.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
Consent Orders v Parenting Plan: Key Differences.
To help you decide which path is right for your family, we have structured the key differences in the table below.
Table: Comparison of Parenting Plans and Consent Orders
| Feature | Parenting Plan | Consent Orders |
| Legal Status | Informal, written agreement | Formal Court Order |
| Enforceability | Not legally enforceable | Strictly enforceable by law |
| Flexibility | High-easily changed by a new signed plan | Low-requires a new application or plan |
| Cost | Generally, lower upfront costs | Moderate-requires drafting & filing |
| Requirement | Signed and dated by both parents | Must be approved by a Court Registrar |
| Best For | Amicable, high-trust co-parenting | High-conflict or need for total certainty |
Is a Parenting Plan a Good Choice for Me?
Choosing a parenting agreement plan is often a strategic choice. It is a “living document” that can adapt as your child grows. For example, a plan for a toddler will look very different from a plan for a teenager. If you and your ex-partner maintain open communication, a flexible plan eliminates the need for frequent court intervention.
However, if there is a history of Domestic Violence or a significant power imbalance, a plan may not offer enough protection. In these cases, Emma Macdonald and our family law team often recommend the more robust protection of court orders.
Should I Enter Into a Parenting Plan?
You should consider entering into a parenting plan if:
- You and the other parent are on good terms.
- You want to avoid the formality of the court system.
- You need a temporary “trial” arrangement before committing to permanent orders.
- You want to keep legal costs to a minimum.
If you find yourself asking, “What is a parenting plan?” in the context of your specific separation, our Child Custody experts can review your situation to see if this informal route is safe and viable.
Can I Change Parenting Orders?
A common misconception is that once family court consent orders are made, they are set in stone forever. While they are intended to be final, they can be changed.
If both parents agree to the change, they can simply enter into a new parenting plan, which can effectively override parts of the previous consent order (under Section 64D). If the parents do not agree, the party seeking the change must prove a significant change in circumstances (the Rice & Asplund principle) to justify reopening the case.
What to Consider When Drafting Your Agreement
Whether you are working with a parenting plan lawyer or drafting a consent order, you must consider the “Four Pillars” of child custody:
- Living Arrangements: Where the child sleeps and the transition schedule.
- Parental Responsibility: Who makes major long-term decisions (education, health, religion).
- Communication: How the child communicates with the parent they aren’t currently living with.
- Special Occasions: Arrangements for Christmas, birthdays, and school holidays.
Consent Orders v Parenting Plan Example.
What does a consent order actually look like? An example of a parenting plan or consent order might include specific clauses such as:
“The parties shall have equal shared parental responsibility for the long-term welfare of the children. The child shall spend time with the Father each alternate weekend from Friday after school until Monday morning drop-off.”
Precision is key. Vague language like reasonable time often leads to conflict, which is why having an Accredited Specialist like Ian Field draft your orders is vital for long-term peace.
What Happens if a Parent is Not Following a Parenting Plan?
If a parent stops following an informal parenting agreement plan, you cannot file a “contravention application” because no court order has been breached. Your options are:
- Mediation: Attend Family Dispute Resolution (FDR) to renegotiate.
- Apply for Orders: Use the breach as evidence to show the court why formal consent orders from the family court are now necessary.
- Legal Correspondence: Have a solicitor send a formal letter reminding the other party of their obligations.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
Advantages and Disadvantages of Consent Orders v Parenting Plan Agreements
Parenting Plans
- Advantage: Extremely cost-effective and can be changed in an afternoon if both parents agree.
- Disadvantage: Provides no “teeth” if the other parent decides to relocate or withhold the child.
Consent Orders
- Advantage: Provides total legal certainty. Banks and schools often require these to prove who has the authority to make decisions.
- Disadvantage: More expensive to implement and requires a formal legal process to change if one parent becomes difficult.
How Do We Apply for Consent Orders?
For residents in Brisbane, Gold Coast, & Sunshine Coast, the application process is streamlined but technical.
- Drafting: Both parties agree on the orders.
- Disclosure: Both parties must provide full financial and relevant disclosure.
- Filing: The “Application for Consent Orders” is filed online.
- Review: A Registrar reviews the application. They don’t just “rubber-stamp” it; they ensure it is genuinely in the child’s best interests.
The Risks of an Informal Agreement
An informal agreement (often just a verbal handshake or an undated email) is the riskiest way to manage child custody. It offers zero protection in the eyes of the law. If a conflict arises, you are essentially starting from scratch. We always advise parents to at least formalise their handshake into a dated parenting plan.
Meet Ian Field: Accredited Specialist in Family Law
With over 25 years of experience across the UK and Australia, Ian Field is an Accredited Specialist in Family Law at Aylward Game Solicitors. Admitted to the High Court of Australia in 2007, Ian combines deep legal expertise with a practical, sympathetic approach.
Whether navigating complex child custody or property settlements, Ian’s heavy-lifting ensures the best outcomes for families in Brisbane, the Gold Coast, and beyond.
Meet Emma Macdonald: Compassionate Family Lawyer
Emma Macdonald is a Solicitor at Aylward Game Solicitors specialising in family law and child protection. A practitioner of the High Court of Australia and the Supreme Court of Queensland, Emma holds a Bachelor of Laws (Honours) from UQ.
Her approach is defined by empathy and collaboration, helping clients navigate the emotional hurdles of divorce, parenting arrangements, and domestic violence. Outside the office, Emma enjoys pilates and exploring Brisbane’s vibrant food scene.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
Frequently Asked Questions (FAQs)
What is a parenting plan?
A parenting plan is a formally signed and dated written agreement between co-parents outlining their children’s care. While not legally binding like a Court order, it is a recognised document under the Family Law Act 1975.
Is a parenting plan legally binding?
No, it is not enforceable by the Court or Police. However, if you later go to Court, the Judge must consider the terms of the plan when making new orders, provided it is in the child’s best interests.
What is a consent order?
A consent order is a formalised agreement, reviewed and ratified by the Family Court. It has the same legal weight as an order made by a Judge after a trial and is strictly enforceable.
How do we apply for consent orders?
You file an Application for Consent Orders and a Minute of Order through the Commonwealth Courts Portal. A Registrar reviews the documents and, if approved, mails them back to you as sealed orders.
Can I change a parenting plan?
Yes. Since it is an informal document, you can change it at any time, provided both parents agree in writing, sign, and date the new version.
What is the main difference between a parenting plan and consent orders?
The primary difference is enforceability. Consent orders are Court orders that carry penalties for breaches, whereas parenting plans are agreements of honour that rely on mutual cooperation.
Do I need a parenting plan lawyer?
While not mandatory, having a lawyer ensures your plan doesn’t contain loopholes. Aylward Game Solicitors can help draft future-proof agreements that prevent common co-parenting disputes.
What is an example of a parenting plan clause?
A common clause might state: The child shall live with Parent A and spend time with Parent B every second weekend from Friday after school until Monday morning drop-off.
Get Expert Advice
At Aylward Game Solicitors, we don’t believe in cookie-cutter legal advice. Whether you are in Brisbane, the Gold Coast, or the Sunshine Coast, our team, led by Ian Field and Emma Macdonald, is dedicated to protecting your parental rights and your child’s future.
Don’t leave your child’s stability to chance. Whether you need a simple parenting agreement plan or robust family court consent orders, we have the heavy-lifting experience to guide you through.
Contact the Legal Force Today:
- Phone: 07 3236 0001
- Location: Brisbane, Gold Coast & Sunshine Coast
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