You’ve had the difficult conversations, worked through the arrangements, and you and your former partner have agreed on how things will look for your children. That is no small thing.
But now comes a question that catches many separating parents off guard: does your agreement actually mean anything in a legal sense? And what happens if one of you changes your mind six months down the track?
The answer depends entirely on whether you have a parenting plan or consent orders in place. These two options might sound similar, but the difference between them matters more than most parents realise and understanding that difference before you choose a path is one of the most important decisions you can make for your family’s future.
If you are weighing up your options and want to understand what protection you actually have, speaking with an experienced family lawyer is the clearest starting point. Contact Lander Solicitors to arrange a consultation.
What is a parenting plan?
A parenting plan is a written agreement between separated parents that sets out arrangements for their children. It can cover living arrangements, schooling decisions, healthcare, holiday schedules, how parents will communicate, and how disputes will be handled if they arise.
Parenting plans are flexible by design. Both parents can agree to change the terms at any time, without involving a court. There is no formal approval process, no legal fees attached to making changes, and no rigid structure that prevents you from adapting as your children grow.
For parents who communicate well and have a genuinely cooperative relationship, this flexibility is genuinely useful. A parenting plan suits families where both parties are committed to acting in good faith, where arrangements are relatively straightforward, and where goodwill is likely to hold over time.
For example, parents who share a week-about arrangement, have children at the same school, and both live nearby may find a parenting plan works well, at least in the short term. The risk is not theoretical. It simply requires an honest assessment of whether that goodwill is actually likely to hold if circumstances change.
What makes a parenting plan practical?
Broad categories are not enough. A parenting plan that simply says “the children will spend time with both parents” gives neither parent a clear framework to rely on. A functional parenting plan includes specific weekly and holiday schedules, clear communication protocols between parents, how decisions about education and healthcare will be made, and how disagreements will be addressed before they escalate. The more specific it is, the more useful it becomes.
Find out the four key areas a parenting plan should address (and why templates are a great start, but not enough for a realistic, practical plan).
What are consent orders?
Consent orders are sometimes called parenting orders, and you may encounter both terms used interchangeably. Consent orders are legally binding parenting orders made by the Federal Circuit and Family Court of Australia. Despite the name, they do not require you to appear before a judge. When both parents have reached agreement, the application is submitted on paper and assessed by the Court without a hearing in most cases.
This is the key distinction: consent orders require the Court’s active approval. The Court does not simply rubber-stamp what parents have agreed to. It assesses whether the proposed orders are in the best interests of the child before approving them. If the Court has concerns, it may request changes before the orders are finalised. This process typically takes several weeks.
Once made, consent orders carry the full weight of the law. They are not just an expression of intention. They are enforceable court orders and breaching them has legal consequences.
Because the application can be submitted without attending a court hearing when both parents agree, the process is often more accessible than people expect. Legal costs for an agreed consent order application are typically significantly lower than contested proceedings. For many families, the cost is modest relative to the protection the orders provide.
The enforceability gap
This is the detail that catches many families off guard.
A parenting plan carries no legal weight. If one parent stops following it, the other has no mechanism to enforce it and there is no penalty. The agreement simply breaks down, and the only resolution is either informal negotiation or commencing court proceedings from scratch.
Consent orders are different. If a parent breaches consent orders, the other parent can file a contravention application with the Court. The Court can then impose a range of remedies depending on the seriousness of the breach. These include ordering make-up time for the affected parent, requiring the breaching parent to attend a parenting program, imposing fines, or in serious or repeated cases, imposing more significant penalties. The Court has real tools available, and the breaching parent knows this from the outset.
Want to know what to do in the scenario that your former partner ignores parenting orders? Read our blog to learn more.
Quick comparison
| Feature | Parenting Plan | Consent Orders |
| Legally binding | No | Yes |
| Requires court approval | No | Yes |
| Enforceable if breached | No | Yes |
| Flexible to change | Yes, by agreement | Requires court application to vary |
| Requires legal representation | No | Recommended |
| Cost to establish | Low | Moderate |
When a parenting plan may be enough
A parenting plan can work well when both parents have a cooperative relationship, communicate openly, and are unlikely to face significant changes in circumstances. Simple, settled arrangements between parents who genuinely trust each other and are both focused on what is best for their children can function well under a parenting plan, at least in the short term.
It is also worth noting that parenting plans can sit alongside consent orders. Parents sometimes use a parenting plan to document agreed flexibility around specific arrangements, while consent orders provide the enforceable framework underneath. If you have consent orders in place, those orders take precedence.
If the other parent will not agree to consent orders, a parenting plan on its own is not the answer. In that situation, you may need to pursue the matter through the Court as a contested application. A family lawyer can advise you on the appropriate steps.
When consent orders are the right choice
Consider a situation where parents have an amicable arrangement today, document it in a parenting plan, and everything works well for two years. Then one parent meets a new partner and decides to relocate interstate. Under a parenting plan, the other parent has no legal mechanism to prevent that move or to enforce the existing arrangements.
This scenario is not unusual. New relationships, interstate relocations, disagreements about schooling, and changes in work arrangements are among the most common reasons parenting arrangements break down. These are not remote possibilities. They are predictable life events.
An honest question to ask yourself is this: if your former partner stopped following the current arrangements tomorrow, what would you do? If the answer is “nothing, because I have no legal recourse,” that is a significant risk to accept.
Working with consent order lawyers means your application is drafted correctly and that the terms of the orders are clear enough to be enforceable. Ambiguous or poorly drafted consent orders can create more disputes rather than fewer. Getting the drafting right from the outset is where professional guidance pays for itself.
Don’t assume your parenting arrangements are legally binding after mediation…
Many parents reach their parenting arrangements through mediation and assume the resulting agreement is legally protected. It is not, unless those arrangements are formalised as consent orders.
A mediated agreement, even one documented in a formal mediation certificate, is not the same as a court-approved consent order. It may carry some weight in future proceedings as evidence of what was agreed, but it is not enforceable in the way consent orders are.
If you have recently completed mediation and reached an agreement, the next step, if you want legal protection, is to apply to have those arrangements made into consent orders.
How to get consent orders
The process is more straightforward than many parents expect:
- You and the other parent agree on the terms of the arrangements.
- A lawyer drafts the consent orders in the required format.
- Both parents sign the application.
- The application is submitted to the Court.
- The Court reviews the proposed orders and, if satisfied they are in the best interests of the child, approves them without requiring a hearing.
The entire process typically takes several weeks from submission to approval. In most cases where both parents have reached genuine agreement, no court appearance is required.
Get the right legal parenting support with Lander Solicitors Queensland
If you are ready to take the next step, the team at Lander Solicitors can guide you through the consent order application process and ensure your arrangements are properly documented and enforceable. Get in touch today to discuss your situation.
Frequently asked questions
Can we have both a parenting plan and consent orders at the same time?
Yes. Some parents use consent orders to establish the enforceable framework and a parenting plan to document agreed flexibility around day-to-day arrangements. However, the parenting plan cannot override or contradict the consent orders. If there is a conflict between the two, the consent orders take precedence.
What if the other parent will not agree to consent orders?
If one parent refuses to agree to consent orders, the other parent may need to apply to the c=Court for parenting orders through a contested application. This is a different process to a consent order application and is more involved. Before reaching that point, it is worth exploring mediation if you have not already done so, as a Section 60I certificate is generally required before filing for contested orders.
Is a parenting plan from mediation legally binding?
No. A parenting plan, regardless of how it was reached or how it is documented, is not legally enforceable. It is a private agreement between parents. Only consent orders approved by the Court carry legal force.
How long does it take to get consent orders approved?
Where both parents agree on the terms and the application is correctly prepared, the process typically takes several weeks from submission. No court hearing is required in most straightforward cases.
DISCLAIMER – The information provided in this blog is general and does not consider your individual legal needs or objectives. It does not constitute personal advice and is for informational purposes only. We recommend seeking out professional and independent legal advice from qualified Australian lawyer to advise on your individual situation before acting on any information contained below. Lander Solicitors Queensland and Lander Family Reports and Mediations accept no express or implied liability for negligence or contractually for reliance on any information provided. Liability limited by a scheme approved under Professional Standards Legislation.
