When my ex-partner and I first separated in Melbourne, we both agreed on one thing—we wanted what was best for our children. But once the practical side kicked in (who picks them up from school, how holidays work, what happens if one of us moves), things got complicated. Friends kept mentioning “parenting plans” and “consent orders,” but at the time, those phrases sounded like legal jargon from another world.

After some late-night research and a few calls with family lawyers, I learned that while both documents serve similar purposes—to set clear parenting arrangements—they have very different levels of formality and legal power. In this guide, I’ll share what I discovered, in plain English, so you can decide which option makes sense for your family and situation.

1. What Are Parenting Plans and Consent Orders?

Both a parenting plan and consent orders are ways for separated parents (and sometimes other carers) to record agreements about how their children will be raised. They can cover the same issues, including:

• Who the children live with
• How much time they spend with each parent
• Schooling, medical care, and religious decisions
• Holidays and travel arrangements
• How parents communicate about the children

Parenting Plan

A parenting plan is a written, signed, and dated agreement between parents. It’s not filed with the court and doesn’t carry legal force. It’s flexible, easy to update, and focuses on cooperation rather than confrontation. Think of it as a mutual understanding—backed by goodwill rather than enforcement.

Consent Orders

Consent orders are formal court orders that make your agreement legally binding under the Family Law Act 1975. Once approved by the Federal Circuit and Family Court of Australia (FCFCOA), both parties are legally required to comply. Breaching them can lead to penalties, fines, or even jail time in serious cases.

2. Key Differences at a Glance

3. Benefits of a Parenting Plan

When there’s goodwill between parents, a parenting plan can be a practical and cost-effective option. Here are the advantages I discovered firsthand:

• Low cost and simple: No lawyers or court forms are required.
• Quick to set up: Parents can create one themselves or with a mediator’s help.
• Flexible: You can adjust as children grow or circumstances change.
• Less adversarial: Encourages communication instead of conflict.

4. Limitations of a Parenting Plan

While the informality of a parenting plan can be freeing, it can also backfire if disputes arise later:

• No legal enforcement: If one parent doesn’t follow the plan, there’s little recourse.
• Potential confusion: Ambiguous wording can create disputes.
• May not protect against relocation: If one parent moves interstate without consent, the plan has no legal standing.

In situations involving conflict, mistrust, or family violence, a parenting plan might not provide enough security. In those cases, consent orders are the safer route.

5. Benefits of Consent Orders

Consent orders take more effort, but they come with legal weight. For families needing certainty, they’re often worth it. Advantages include:

• Legally binding: The court can enforce compliance.
• Formal recognition: Protects both parents’ rights and the child’s welfare.
• Clarity: Removes ambiguity and establishes fixed expectations.
• Preventative protection: Prevents unauthorised relocations or withheld time.

The court reviews proposed orders to ensure they serve the best interests of the child, following Section 60CC of the Family Law Act 1975.

6. How to Create Each Type of Agreement

Creating a Parenting Plan

You can write a parenting plan together or through a Family Dispute Resolution (FDR) service. There’s no strict format, but it must:

• Be in writing
• Be signed and dated by both parents

Many use templates from reputable sources like the Attorney-General’s Department or mediation services in Victoria. Once signed, it acts as a reference point—but not a legal document.

Applying for Consent Orders

To formalise your agreement, you can apply for consent orders online through the Commonwealth Courts Portal. Steps include:

1. Complete an “Application for Consent Orders” form
2. Attach your signed agreement (Parenting Orders)
3. Pay the filing fee
4. Wait for the court to review and approve your application

Most applications are approved without a hearing unless clarification is needed.

7. How They Are Enforced in Victoria

This is where the two options differ most significantly:

• Parenting Plan: Not enforceable. If a parent breaches it, you can’t go directly to court for penalties. However, it may still be used as evidence of your intentions if a future dispute arises.
• Consent Orders: Legally enforceable. Breaching them can lead to contravention applications, fines, or community service. The court can also vary the order or impose consequences depending on the seriousness of the breach.

Ultimately, consent orders provide accountability that parenting plans lack.

8. Can You Change or Replace Them Later?

Life changes—and so can parenting arrangements.

Parenting Plan: Easy to update. You can draft a new plan anytime if both parents agree.

Consent Orders: Harder to change. To vary them, you must either:

• Agree and apply for updated consent orders, or
• Apply to the court to vary the order (only allowed if there’s been a “significant change in circumstances,” as per Rice v Asplund (1979)).

If a new parenting plan contradicts existing consent orders, the orders still take priority unless the court modifies them.

9. Which Option Is Right for You?

Choosing between a parenting plan and consent orders depends on your family’s dynamic. Ask yourself:

• Are we communicating well and acting in good faith?
• Do we trust each other to follow through without legal enforcement?
• Is there any history of conflict, unreliability, or safety issues?

Parenting Plan: Ideal for cooperative, amicable separations where flexibility matters more than formality.

Consent Orders: Best for high-conflict situations, major parenting decisions, or when you need the security of court enforcement.

Final Thoughts & Recommendation

Understanding the difference between a parenting plan and consent orders isn’t just legal housekeeping—it’s about protecting your children’s stability and your peace of mind. Parenting plans promote cooperation and communication, while consent orders offer structure and enforceability. Both have their place in the post-separation landscape.

If you’re unsure which option suits your family, seek tailored advice before signing anything. Family law professionals can help you strike the right balance between flexibility and legal certainty.

For expert guidance in Melbourne or across Victoria, contact Hymans Legal. Their experienced family lawyers specialise in parenting arrangements, consent orders, and dispute resolution—helping families move forward with clarity and compassion.

Recommended: Hymans Legal — Call 1300 667 116

Disclaimer: This article provides general information only and is not legal advice. Always seek professional guidance for your specific situation.