Parenting Plans vs Parenting Orders: what's the difference?
What is a Parenting Plan?
In short, a parenting plan is an agreement which records the parenting arrangement which is agreed to between the child/ren’s parents. With the child/ren’s future in mind, the document is a shared commitment from both parties that details the practical issues of parental responsibilities. It is not compulsory to have a co-parenting agreement in place, but it helps separated parents avoid parental conflict and prevents any issues that may arise surrounding the welfare of the child/ren.
The downside of a parenting plan is that it is not enforceable. It relies on you maintaining an amicable relationship with your former partner and if a situation arises in the future and your ex-partner does not stick to the agreement, there are no legal repercussions for breaching a parenting plan.
What is a Consent Order (Parenting Order)?
A formal court order known as a ‘consent order’ or ‘parenting order’ is made in the Federal Circuit and Family Court of Australia. It is similar to a parenting plan in that both documents detail parental guidelines and agreements dealing with the child/ren’s best interests; however, consent orders differ from a parenting plan as it is legally enforceable. Where there are no legal repercussions for breaching a parenting plan, a consent order is a legal document that can be enforced through the courts if breached.
Are there any other differences between a Parenting Plan and Consent Orders?
A parenting plan is generally settled by parents and without legal proceedings, whereas a consent order is determined by the Court. If parents wish to alter a consent order, they must submit new consent orders that reflect the alterations they want made to the courts; both parties must agree to the new terms or a court will determine them. Furthermore, like other child custody arrangements, consent orders remain until the child/ren turns eighteen years old.
What does the court consider when determining Consent Orders?
Protecting the child/ren from family violence and child abuse
The child/ren’s wishes
The child/ren’s relationships with each parent
Maintaining the child/rens’s relationships with important people in their lives
Logistics of where and with whom the child/ren should live
Logistics of how much time the child/ren is to spend with each parent
If you’re recently separated and struggling to co-parent with your former partner, getting some advice about the best option for your circumstances is the best way to ensure both of you can work together to meet the best interests of your child/ren.
We have extensive experience in dealing with this complex area of law, and can provide you an empathetic and practical approach to determine the best way forward for your family.
If you are ready to sit down with our solicitors to discuss your matter, give us a call to book your complimentary 15 minute consultation to determine the best course of action you should take.
Disclaimer: The content presented in this article is offered for informational purposes and should not be construed as legal advice or a substitute for professional guidance. If you have questions or require legal assistance, we strongly recommend consulting with a Solicitor to address your individual circumstances.