Parenting Plans vs Consent Orders

What is a parenting plan?

A Parenting Plan is a written agreement that outlines the parenting arrangements for children but isn't officially approved by the Court. It's a less formal alternative to Consent Orders because it doesn't require a formal application to the Court.

As long as the Parenting Plan clearly details the rights and responsibilities of each parent (or any other involved person) and is signed and dated by all parties, it is considered valid.

However, if one party does not follow the Parenting Plan, the other party cannot apply to the Court for a breach, as the terms of Parenting Plans are not legally enforceable, unlike Consent Orders.

What is a Consent Order?

A Consent Order is a written agreement approved by the Family Court through a formal application. It can address Prenting arrangements for children, as well as property settlements and spousal maintenance.

When Consent Orders are approved by the Court, they carry the same legal weight as if a Judge had issued them after a court hearing. For the Court to approve these orders, it must be convinced that they serve the best interests of the child.

If any party involved in the Consent Orders, including parents or grandparents, fails to comply with the terms, the other party can file a Contravention Application. This allows the Court to enforce the order and potentially impose penalties on the party in breach.

Key Differences between Parenting Plans and Consent Orders

Court Approval

• Parenting Plan: Does not need to be approved by the court.
• Consent Order: Must be approved by the court.

Fees

• Parenting Plan: No fees unless you hire a mediator or lawyer to draft it.
• Consent Order: A fee is payable to the Federal Circuit and Family Court of Australia, unless you qualify for a fee exemption. Additional legal fees may apply if the Consent Orders are obtained through court proceedings.

Legal Enforceability

• Parenting Plan: Not legally enforceable, unless there is an existing Parenting Order from the Court, in which case a subsequent Parenting Plan can modify or replace previous orders.
• Consent Orders: Legally enforceable.

For further information on Consent Orders, Parenting Plans, or any aspect of Family Law, please reach out to our team by calling (02) 4647 2968, or by completing the enquiry form available on our website.