When parents separate, one of the first questions is how parenting arrangements should be recorded. Two common options are parenting plans and consent orders. While they may look similar on the surface, they work very differently in practice.
The right choice depends on communication, trust, safety considerations, and how much certainty you need. This guide explains the differences in plain terms so you can make an informed decision.
What is a parenting plan?
A parenting plan is a written agreement between parents that sets out arrangements for children after separation. It can cover where children live, time with each parent, communication, holidays, and decision-making.
Parenting plans do not usually require Court approval. They are often used where parents are communicating reasonably well and want flexibility as children grow and routines change.
What are consent orders?
Consent orders are parenting arrangements that have been approved by the Court. Parents agree on the terms, file an application, and if the Court is satisfied the arrangements are in the child’s best interests, the orders become legally binding.
Once made, consent orders carry the same legal force as orders made after a contested Court hearing. They provide clear rules and legal consequences if those rules are breached.
Key differences (quick comparison)
- Parenting plans: flexible, easier to update informally, but not enforceable like Court orders
- Consent orders: legally binding and enforceable, but changing them can require agreement or further legal steps
- Parenting plans: suited to cooperative co-parenting
- Consent orders: often preferred where there is conflict, inconsistency, or a need for certainty
When a parenting plan may be appropriate
- Parents are communicating well and trust each other to follow the agreement
- Arrangements are likely to evolve as children grow (school, activities, routines)
- There are no significant safety concerns
- Parents want a low-conflict, cooperative option
Parenting plans can work well where there is goodwill and both parents are willing to resolve issues calmly as they arise.
When consent orders may be the better option
- There is a history of conflict, communication breakdown, or repeated disputes
- One parent is concerned the other will not follow an informal agreement
- Clear boundaries are needed to reduce stress and uncertainty
- There are concerns about stability (for example, changing arrangements frequently)
Consent orders can provide structure and reassurance, particularly where trust has broken down or the stakes feel high.
Common misunderstandings
- Believing a parenting plan is legally enforceable in the same way as orders
- Assuming consent orders mean ongoing Court involvement (they don’t — the Court is usually not involved unless there is a dispute)
- Thinking consent orders remove flexibility entirely (many orders are drafted to allow practical flexibility while preserving certainty)
- Waiting until conflict escalates before formalising arrangements
What should be included in any parenting arrangement?
Whether you use a parenting plan or consent orders, clarity usually helps. Consider including:
- Living arrangements and time schedules (weekday/weekend patterns)
- School, childcare, and activity routines
- Communication rules (including calls, messages, and updates)
- Holidays and special occasions
- How decisions are made (health, education, travel)
- Changeover locations and contingency plans
Frequently asked questions
Are parenting plans legally binding?
Parenting plans are written agreements, but they are not usually enforceable like Court orders. Consent orders are legally binding once approved by the Court.
Do we have to go to Court to get consent orders?
Often, no. If you agree on terms, consent orders are typically applied for “on the papers”. The Court reviews the application and may make orders without a hearing.
Can consent orders still allow flexibility?
Yes. Many orders are drafted to provide a clear baseline routine while allowing practical flexibility (for example, by agreement in writing). The right drafting depends on your circumstances.