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What is a parenting plan vs consent orders? - What is best for me?

When parents separate, deciding how to share parental responsibilities is a crucial step. In Australia, there are two main ways to formalise parenting arrangements. These are parenting plans and consent orders. While both outline care arrangements for children, they differ in legal status, flexibility, and enforceability. So, which option is best for you?

What is a Parenting Plan?

A parenting plan is a written agreement between parents about how they will care for their children. It covers key parenting issues such as:

Living arrangements
Schooling
Communication.

Parenting plans are:

Informal and flexible
No court involvement required
Easier to update if circumstances change
Not legally enforceable

A parenting plan is ideal for parents who can communicate well and resolve disputes amicably. However, if one parent does not follow the agreement, there is no legal way to enforce it.

What are Consent Orders?

A consent order is a legally binding agreement approved by the Family Court of Australia. It formalises parenting arrangements and has the same legal weight as a court order. Consent orders are:

Legally enforceable by the court
Provides certainty and protection
Helps prevent future disputes
Requires formal court approval
Less flexibility to make changes without legal steps

Consent orders are best for parents who want legally enforceable arrangements to protect their rights and their child’s stability. They are particularly useful in cases where trust or communication is strained.

Choosing between a parenting plan and consent orders depends on your circumstances. If you and your ex-partner have a cooperative relationship and need flexibility, a parenting plan may be enough. However, if you require legal certainty and enforceability, consent orders are the safer choice.

For more family law advice, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 6018 if you need our assistance.

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