Within the Family Law act which involve divorce and or separation, ‘parenting plans’ and ‘consent orders’ serve different purposes and have different legal implications.

Parenting Plans

The definition of a parenting plan is an informal agreement between parents which outline how they will manage the care and upbringing of their child. I will usually cover aspects such as how the child will spend time with each parent, how and who makes decisions for the child, extracurricular activities, communication and other daily parenting matters.

Parenting plans reached in mediation or other pathways ae not legally binding. They have typically been created to provide some framework to help parents manage the daily life of the child, but they do not have the force of the law. The benefits are that they are more flexible and can be changed to suit the needs of the child without the need for court intervention. However, these plans only work if there is a strong parental alliance and the ability to keep the needs and requirements of the child as the focus.  Should one parent keep the child and not return the child as per their agreements, it may be difficult to retrieve the child. Because the parenting plans are not legally binding they do not have the power of consent orders and parents may need to go to court to resolve the issues and have the child returned.

A DVLO (domestic violence liaison officer) I recently spoke with said if a child is not returned and there is a signed and dated parenting plan in place that can be shown to police, the police would honour that agreement and approach the other parent, ensure the child is returned to the parent as per the signed and dated parenting plan. It is always best to seek legal advice before signing off on a parenting plan.

Consent Orders

The definition of a consent order is they are formal agreements that are approved and enforced by the court. They are typically the end result of negotiations between the parents, often with court ordered mediation, family reports being prepared and considered, independent children’s lawyers being involved and with the help of legal representatives. These consent orders can cover various aspects of child custody, property settlements and other issues related to family law.

Consent orders are legally binding and enforceable. Once approved by the court, they carry the same weight as a court order meaning they must be followed. If one parent doesn’t comply with a consent order, or ‘breaches’ the consent order, legal consequences call follow, and the other parent can see enforcement through the court.

In summary, the main differences are:

1. Legality: Parenting plans are informal and not legally binding, while consent orders are formal and legally binding.
2. Enforcement: Consent orders can be enforced through the court if one party fails to comply, whereas parenting plans lack this level of enforceability.
3. Flexibility: Parenting plans offer more flexibility and can be altered by mutual agreement without court involvement. Consent orders require a formal court process to be changed.

While both parenting plans and consent orders aim to provide structure and clarity in family arrangements, consent orders offer a higher level of legal security and enforceability compared to parenting plans, including signed and dated parenting plans.