Parenting Plans vs Consent Orders: What’s Best for Your Family?

When parents separate, one of the first questions they often ask is “How do we sort out the everyday care and parenting arrangements for our child?”. Whether it’s arrangements concerning where the child will live, how holidays are shared, or how decisions will be made, it is crucial to have a clear plan in place to avoid uncertainty.

In Queensland, there are two main options available to parents post-separation: Parenting Plans and Consent Orders. Both offer ways to formalise agreements, but they work very differently. Each option has different ways to ensure clarity and structure for families but in terms of enforceability, flexibility and the overall legal process, they vary vastly. Understanding these differences and being informed of what these terms mean is critical to choosing the best approach.

What is a Parenting Plan?

So, what exactly is a parenting plan? A parenting plan is a written agreement that sets out specific arrangements relating to caring for the child. It is important to understand that a parenting plan is not a legally enforceable agreement and is different from a consent order, which is made by the Court and enforceable at law. Consent orders will be discussed below.

Although a parenting plan is not legally enforceable, the courts will still consider the latest parenting plan if later down the track an order, such as a consent order, is made. Parents also have the option to turn their parenting plan into a consent order if they wish.

A parenting plan is voluntary, informal and flexible which makes it a great option for cooperative parents. Typically, the plan covers the day-to-day responsibilities of each parent, practical considerations of the child’s daily life for example, who the child will live with, what time the child spends with each parent, how the child will communicate with each parent, for example by phone, or email and any other relevant issue that relates to the wellbeing of the child and parental responsibility. Parenting plans may also include how the parents may communicate and consult with each other on long-term issues relating to their children. Parenting plan’s can be altered whenever necessary as long as both parents agree to changing the plan.

For a parenting plan to be valid under the Family Law Act 1975 (cth) it must be in writing, signed and dated by both parents. The plan must also not include any threats, duress or coercion towards the other parent or the child. Other persons, such as grandparents or stepparents can be included in a parenting plan.

What is a Consent Order?

There are many different types of Consent Orders such as property and financial orders, however this article will focus on Parenting Consent Orders. It is important to understand that a Consent Order can deal with both parenting and financial matters together as one order, or separately. Consent Orders relating to the parenting of a child provides more certainty and enforceability than a parenting plan. A Consent Order is legally enforceable as it goes through the Full Federal Circuit and Family Court of Australia.

It is important to understand that although Consent Orders can be made at any time post-separation, you will need permission from the Court to apply if you are filing a Consent Order after being divorced for more than 12 months or if the parents were in a de facto relationship and it has been over two years since the relationship ended.

It is crucial that parents recognise that even if they both agree to the orders sought and are amicable, the Court will not approve a Consent Order unless it is in the best interests of the child. This is the most important consideration and although not the only consideration, it remains paramount, as outlined in the Family Law Act 1975 (cth).

A Consent Order may be useful for parents that have high conflict and struggle with certainty and sticking to an arrangement. For example, if a parent was consistently late or unreliable to the child’s appointments or difficult to get in contact with, a Consent Order may be beneficial to strictly enforce the parenting arrangements. If both parents are amicable, parenting plans maximise flexibility whilst minimising costs. On the other hand, a Consent Order avoids back-and-forth negotiations between parents as once it is sealed, it is legally enforceable, and serious consequences apply if the Order is breached.

What happens if you breach a Consent Order?

If a parent disobeys a Consent Order, there are serious consequences. If the Court finds that a parent has breached the Order, it can penalise them in the form of fines, paying compensation or a term of imprisonment for up to 12 months.

Parenting Plan v Consent Order Comparison

A useful table is included below to compare the key factors of a Consent Order and a Parenting Plan, highlighting the key points to consider:

Factors	Consent Order	Parenting Plan
Cost	Court filing fee (currently $200). Likely legal fees if contested, however these legal fees are a one-time occurrence for a lifetime of certainty.	No filing fees.     Possible cost of independent family dispute resolution or private mediator (if used).
Flexibility	Parties can design their own terms and propose those to the Court.   Can only be changed by a new court order - enforcing compliance for both parents.	Parties design terms to suit their unique needs, no Court approval required. Can be adjusted at any time by mutual agreement.
Enforceability	Enforceable as a Consent Order with the same weight as a court judgment. Can be enforced by Court through contravention proceedings.	Not legally enforceable in Court.   Relies on goodwill and morals.
Stress	More formal process - recommended for parents with high conflict.     Legal steps can feel intimidating, but with a great, supportive team like Aegis Law Group this is significantly minimised.	Collaborative approach which lowers tension - recommended for amicable parents.   Allows parents to focus on practical arrangements.
Timeframes	Typically takes 2-3 months from filing to getting the Courts final approval.	Effective immediately after both parents sign and date the written plan. No waiting period.

 

Which option is right for you?

If you are seeking a legally binding arrangement that provides certainty and enforceability, a Consent Order may be the right option for you. However, if you prefer a more flexible and informal approach where you can adjust arrangements as needed (with the consent of both parents), a parenting plan may be a more suitable choice.

When to seek legal advice?

Figuring out what’s best for your family can feel overwhelming, and it’s important to remember that every parenting arrangement, whether by Consent Order or Parenting Plan, should be tailored to your unique circumstances. Aegis Law Group has extensive experience in handling Consent Orders in family law matters, and we also offer guidance to clients who are seeking legal advice before finalising a Parenting Plan. If you’re unsure whether a Consent Order or a parenting plan is right for you, we invite you to schedule a consultation with our Principal Solicitor, Nicholas Schoenmaker. Nicholas will provide you with compassionate, accurate, and cost-effective legal advice tailored to your situation. Give us a call on (07) 3709 7610 and let us provide you with the best legal guidance for your family’s needs.

Disclaimer: This article is not intended to be legal advice. If you are seeking legal advice, please contact the firm on the number above.