Reviewed by Fair Path Legal
Last reviewed: August 2026
After separation, parents often agree on practical arrangements for their children without immediately going to court. But once you start looking at how to record those arrangements, the terminology can become confusing.
Parenting plans, consent orders and parenting orders can all deal with where children live, the time they spend with each parent and other parenting issues. They do not, however, have the same legal effect.
Understanding that difference can help you decide whether an informal agreement is enough for your family or whether your arrangements should be formalised.
Short answer
A parenting plan is a written agreement between parents, but it is not legally enforceable.
Consent orders are arrangements agreed between the parties and approved by the Court. Once made, they are legally binding and enforceable.
Parenting orders is the broader term for court orders about parenting arrangements. They can be made by agreement, through consent orders, or by the Court after a dispute where the parents cannot agree.
So, strictly speaking, consent orders are not completely separate from parenting orders. Consent parenting orders are one type of parenting order.
Parenting plan vs consent orders vs parenting orders at a glance
| Parenting plan | Consent orders | Parenting orders after a dispute | |
| Agreed by the parents? | Yes | Yes | Not necessarily |
| Made by the Court? | No | Yes | Yes |
| Legally enforceable? | No | Yes | Yes |
| Court hearing always required? | No | Usually no | Depends on the matter |
| Can cover parenting arrangements? | Yes | Yes | Yes |
| Court decides the outcome? | No | Court must approve the proposed orders | Yes, if agreement cannot be reached |
The important distinction is not simply whether an arrangement is written down. It is whether it has been made into an enforceable court order.
What is a parenting plan?
A parenting plan is a written agreement about the care of a child that is agreed between the parents, signed and dated.
It can record practical arrangements such as:
- where a child will live
- when the child will spend time with each parent
- arrangements for holidays and special occasions
- communication with each parent
- how parents will make decisions about the child
- other aspects of the child’s care and wellbeing
A parenting plan allows parents to document arrangements without applying to the Court.
This can make it a useful option for parents who communicate reasonably well, have reached a workable agreement and want some flexibility as their children’s circumstances change.
The key limitation is that a parenting plan is not legally enforceable in the same way as a parenting order.
If one parent stops following the plan, the other parent cannot simply ask the Court to enforce it as though it were an existing court order.
That does not mean a parenting plan has no legal significance. It may still be relevant if parenting arrangements later come before the Court, and its interaction with existing parenting orders can sometimes have legal consequences.
For that reason, it is worth getting advice before signing a parenting plan, particularly if court orders are already in place.
What are consent orders?
Consent orders are used when parents have reached an agreement but want that agreement formalised as court orders.
Instead of asking the Court to decide the dispute for them, the parents jointly put their proposed arrangements before the Court.
If the Court is satisfied that the proposed parenting orders are in the child’s best interests and meet the legal requirements, it can make the orders by consent.
Once made, the orders are legally binding.
Importantly, reaching consent orders does not usually mean parents need to go through a contested court hearing.
Parents can apply for consent orders after reaching agreement and ask the Court to formalise those arrangements.
The Federal Circuit and Family Court of Australia provides further information about documenting agreed parenting arrangements through parenting plans and consent orders.
Are consent orders legally enforceable?
Yes.
Once the Court makes consent orders, they are court orders and each person affected by them is required to follow them.
This is one of the biggest differences between consent orders and a parenting plan.
For example, parents may have agreed that their child lives primarily with one parent and spends particular weekends, school holidays or other periods with the other.
If those arrangements are contained only in a parenting plan, the plan itself is not legally enforceable.
If they have been made into consent orders, they have the force of court orders.
That additional certainty can be important where parents want clear obligations or are concerned that an informal arrangement may not continue to be followed.
What are parenting orders?
A parenting order is a court order dealing with parenting arrangements for a child.
Parenting orders can cover matters including:
- who a child lives with
- how much time the child spends with each parent or other important people
- parental responsibility and decision-making
- how the child communicates with a parent or another person
- schooling
- travel
- other aspects of the child’s care, welfare and development
There are two broad ways parenting orders can come about.
The first is by agreement. If the parents have reached an agreement and the Court makes the proposed orders, those are commonly referred to as consent orders.
The second is where the parents cannot agree and one or both ask the Court to decide what arrangements should apply.
In that situation, the Court may make parenting orders after considering the circumstances and what is in the child’s best interests.
This is why the distinction between “consent orders” and “parenting orders” can sometimes be confusing.
A consent order dealing with children is a parenting order. The difference is that it was made based on an agreement rather than the Court determining the arrangements following a dispute.
Do you need court orders if you already agree?
Not necessarily.
Parents who agree about their children’s arrangements do not automatically need to go to court.
For some families, a parenting plan may provide enough clarity and flexibility.
For others, having legally binding consent orders may provide greater certainty.
The appropriate option depends on the family.
You may be more comfortable with a parenting plan where communication is good, arrangements are working and both parents are likely to continue cooperating.
Consent orders may be worth considering where you want the agreement to be legally enforceable or where greater certainty is important.
For example, parents may want more formal arrangements where there have previously been disagreements about changeovers, holidays, travel, communication or whether agreed arrangements will actually be followed.
The important point is that reaching an agreement does not force you into one particular way of documenting it.
Fair Path Legal’s parenting arrangements service can help you understand the options available for recording and formalising arrangements after separation.
What if you cannot agree on parenting arrangements?
If parents cannot reach agreement, the situation is different.
There are processes designed to help parents resolve parenting disputes without asking the Court to decide the outcome, including Family Dispute Resolution in appropriate cases.
If agreement still cannot be reached, one parent may apply for parenting orders.
Court proceedings are generally not intended to be the first step in an ordinary parenting disagreement. There are also pre-filing requirements that commonly apply before starting parenting proceedings, although exceptions can apply in circumstances such as urgency, family violence or risk to a child.
Where parenting arrangements are becoming difficult or there are concerns about a child’s safety or wellbeing, getting advice early can help you understand what process applies to your circumstances.
You can also read more about Fair Path Legal’s approach to child custody and care arrangements.
Is a parenting plan always the simpler option?
It may be simpler to create, but that does not necessarily mean it is the right option in every case.
The attraction of a parenting plan is its flexibility. Parents can agree on arrangements without asking the Court to make orders.
That same flexibility may be less suitable where one parent needs greater certainty that agreed arrangements will be followed.
Consent orders require a formal application to the Court, but once made they create legally binding obligations.
The question is therefore not simply:
Which option involves less paperwork?
A more useful question is:
What level of certainty and formality does our family actually need?
Can parenting arrangements be changed later?
Children’s needs and family circumstances change over time.
A parenting plan can generally be replaced by another parenting plan if the parents agree on different arrangements.
Changing final parenting orders can be more complicated because they are court orders. Parents who agree on changes may be able to apply for new consent orders, while different considerations apply where one parent wants to change existing orders and the other does not agree.
There can also be important interactions between later parenting plans and existing parenting orders.
If you already have orders and want to change the arrangements, it is sensible to obtain advice before relying on an informal agreement.
Which option may be right for your family?
There is no single arrangement that is automatically better for every separated family.
A parenting plan may suit parents who have reached an agreement, communicate reasonably well and want a flexible written record of their arrangements.
Consent orders may be appropriate where parents have reached agreement but want the certainty of legally binding court orders.
Parenting orders made after a dispute may become necessary where agreement cannot be reached and the Court needs to determine the arrangements.
There may also be reasons why one option is more suitable than another based on family violence, safety concerns, communication difficulties, previous disputes or the complexity of the proposed arrangements.
The focus should be on creating arrangements that are appropriate for the child’s needs and workable for the family, rather than simply choosing the least formal or most formal option.
When should you get legal advice?
Consider getting advice if:
- you are unsure whether a parenting plan gives you enough certainty
- you have reached agreement and want to make it legally binding
- you already have parenting orders and want to change them
- the other parent is not following existing arrangements
- communication has broken down
- there are concerns about family violence or a child’s safety
- you are considering applying to the Court
- you are unsure how a parenting plan may affect existing orders
Getting advice does not necessarily mean starting court proceedings.
It can simply help you understand the difference between the options and choose an approach that fits your circumstances.
Taking the next step
Parenting plans, consent orders and parenting orders can all be used to deal with parenting arrangements after separation, but they do different jobs.
A parenting plan records an agreement without creating an enforceable court order. Consent orders turn agreed arrangements into legally binding court orders. Parenting orders can also be made where parents cannot agree and the Court is asked to decide what arrangements should apply.
If you are unsure how to document your parenting arrangements or whether you need legally binding orders, Fair Path Legal can help you understand your options and the next steps.
Book a free 30-minute phone consultation to discuss your parenting matter.
This article provides general information only and does not constitute legal advice.
