When parents separate, one of the most important conversations they’ll have is about how to care for their children. A parenting plan is a written agreement between parents that outlines how they’ll share responsibilities and make arrangements for their child or children after separation.
It’s a flexible, cooperative way to document decisions about day-to-day care, living arrangements, holidays, schooling, and communication, keeping the focus on what’s best for the children.
What is included in a Parenting Plan?
A parenting plan usually covers practical details such as:
- Where the children will live
- How much time they’ll spend with each parent
- Schooling, medical, and extracurricular decisions
- Communication between parents and with the children
- Holiday and special occasion arrangements
The plan reflects a shared commitment to co-parenting effectively and respectfully. While it’s not a legally enforceable document, it can help parents avoid misunderstandings and reduce conflict by setting clear expectations.
The Limitations of a Parenting Plan
Because a parenting plan isn’t legally binding, it depends on both parents maintaining an amicable relationship and a willingness to cooperate. If one parent stops following the agreement, there are no legal consequences for breaching the plan.
For families where there’s a history of conflict or where consistency and enforceability are important, Consent Orders may be a more suitable option.
What is a Consent Order (Parenting Order)?
A Consent Order, also known as a Parenting Order, is a formal agreement approved by the Federal Circuit and Family Court of Australia. It covers similar topics to a parenting plan; care arrangements, parental responsibilities, and communication, but with one key difference: Consent Orders are legally enforceable.
If one parent breaches the order, the other can seek enforcement through the court. This gives many separated parents greater peace of mind, especially where trust or cooperation is fragile.
What does the Court consider when making Consent Orders?
When determining Consent Orders, the Court’s primary focus is always the best interests of the child. It will consider:
- The need to protect the child from family violence and abuse
- The child’s wishes, depending on their age and maturity
- The nature of each parent’s relationship with the child
- The importance of maintaining relationships with significant people in the child’s life
- Practical matters like where the child lives, schooling, and transport arrangements
These factors help ensure that the outcome supports the child’s emotional, physical, and developmental needs.
———————
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, Contact us to book your complimentary 15 minute chat to determine the best course of action you should take.
Frequently Asked Questions about Parenting Plans and Consent Orders in NSW
How long do Consent Orders last?
Parenting Consent Orders generally remain in place until the child turns 18 years old. They can, however, be reviewed or replaced earlier if both parents agree to make changes, or if there’s a significant change in circumstances that affects the child’s welfare.
Can Consent Orders be changed or updated?
Yes. If both parents agree, they can apply to the Court for new Consent Orders that reflect updated arrangements.
If one parent doesn’t agree, the other may apply to the Court to vary the existing orders — but the Court will only make changes if there’s been a substantial change in circumstances, such as:
- Relocation or a parent moving interstate
- Health or safety concerns
- Changes in a child’s needs, schooling, or living arrangements
- Issues affecting the practicality of the existing orders
Because Consent Orders are legally binding, you should always seek legal advice before making changes or applying for a variation.
Do I need a lawyer to change Consent Orders?
It’s not mandatory, but it’s highly recommended. A family law solicitor can help you understand your rights, avoid breaching existing orders, and prepare a new application that aligns with the Court’s requirements.
Maggie Orman
Director
Maggie is the founder and director of Orman Solicitors. With over 25 years of experience, Maggie specialises in Family Law, Litigation, Estate Planning and Farm Succession Planning.
Maggie is committed to delivering pragmatic solutions that not only resolve immediate challenges but also safeguard families and future generations.
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.