Consent Orders or Parenting Plan? Understanding Your Options in NSW
When parents separate, one of the most important steps is establishing clear and workable arrangements for their children. Many families feel unsure whether they should formalise their agreement through Consent Orders or opt for a more flexible Parenting Plan. There is no universa "correct" choice, each option serves a different purpose dependng on your family's circumstances.
This blog explains the key differences, benefits and limitations of both pathays to help you make an informed decision.
What Are Consent Orders?
Consent orders are formal, legally binding Orders of the Federal Circuit and Family Court of Australia, made by agreement between the parties. In most cases, parents do not need to physically attend Court - the Orders are made "on the papers" once filed.
You can reach an agreement through:
- Mediation and Dispute Resolution
- Private discussions between the parties, or
- Negotiations conducted by solicitors.
Although you may never step foot inside a courtroom, Consent Orders carry the same legal force as Orders made after contested proceedings. Each party must comply unless there is a signifiicant and immediate risk of harm to the child that prevents compliance.
If Consent Orders are breached, the Court has wide powers to enforce them, including:
- Fines,
- Injunctions,
- Good behaviour bonds, and
- In serious cases, imprisonment.
If you cannot comply with a Consent Order due to safety concerns, it is essential to make an urgent application to vary the Orders.
Consent Orders can be fild in the Family Court or the Local Court. A filing fee of $205 applies, though this may be waived if a party holds a Government Concession Card, has a Legal Aid grant, or meets financial hardship criteria.
What Is a Parenting Plan?
A Parenting Plan is a written agreement signed by both parties but not filed with the Court. Because it is not a Court Order, it is not legally enforceable.
Parenting Plans can be created:
- Following Mediation,
- Through solicitor-assisted negotiations, or
- By private agreement between parents.
While the Court cannot penalise a parent for breaching a Parenting Plan, it must have regard for the most recent Parenting Plan where it considers it in hte best interest of the child to do so. A Parenting Plan can then be used if future Court proceedings become necessary. Importantly, Parenting Plans do not attract any filing fees.
Similarities and Differences: What Both Options Can Cover
Both Consent Orders and Parenting Plans typically include arrangements for:
- Long-term decision making responsibilities,
- Where the child lives and how time is shared,
- School holiday and special occasion arrangements,
- Changeover procedures,
- Access to school and medical information,
- Communication (telephone or video calls),
- Travel arrangements,
- Safety-related clauses tailored to the child's needs.
Key Differences
Consent Orders
- Legally binding and enforceable
- Harder to change, require further agreement or Court application
- Filing fee and documents lodged with the Court
- Court can impose penalties for breach
Parenting Plans
- Not legally enforceable
- Flexible and easy to update
- No filing fee and no Court involvement
- No penalties for breach
Which Option Is Better?
There is no one size fits all answer. The best option depends on the age of the children, the level of cooperation between parents, and the need for certainty or flexibility.
In practice:
Parenting Plans often work well when children are very young (around three years or under) and parents communicate effectively.
Consent Orders are generally preferable where stability, clarity and enforceability are required, or where the co-parenting relationship is strained.
If communication is poor or one parent is unpredictable, Consent Orders usually offer stronger protection and certainty.
Need Advice About Parenting Arrangements?
At Dawson Pouwhare Legal and Conveyancing, our Family Law Team, led by solicitor Kathryn Wielinga, is here to provide clear and practical guidance tailored to your circumstances. Kate is highly experienced in complex parenting and property matters.
Contact our friendly team today for tailored advice.











