Parenting Plan vs Parenting Order
What’s the difference between parenting plans and consent orders (also known as a parenting order)?
When parents divorce or separate, one of the most important issues to address is how their children will be cared for moving forward. Establishing clear care arrangements can help provide stability for children, reduce misunderstandings between parents, and create a framework for important decisions about a child's upbringing.
Two common options available to separated parents are a parenting agreement in the form of a parenting plan, or legally binding parenting orders. While both can address the same parenting decisions, they have significant differences when it comes to legal enforceability, flexibility and the level of protection they provide.
Understanding these differences can help you make informed decisions about which approach may be most suitable for your family's circumstances.
Understanding Parenting Arrangements After Separation
Following a separation, parents are encouraged to work together to develop arrangements that support their children's ongoing care, welfare and development.
Parenting arrangements often address matters such as where a child will live, attend school and spend holidays. The most appropriate arrangement will depend on the unique circumstances of each family, including the parents' ability to communicate and co-operate effectively.
What Is a Parenting Plan?
A parenting plan is a written agreement made voluntarily between parents that sets out the parenting arrangements for their children.
Parenting plans are often suitable where parents agree on key issues affecting their children and are committed to maintaining a cooperative co-parenting relationship. These arrangements are generally considered informal agreements, meaning they do not require court approval and are not legally enforceable in the same way as parenting orders.
To be recognised under the Family Law Act, a parenting plan must:
Be in writing
Be signed and dated by both parents
Be made voluntarily
What Can Be Included in a Parenting Plan?
A parenting plan may address a wide range of parenting matters, including:
Living arrangements
Time spent with each parent
Schooling and education
Healthcare decisions
Extracurricular activities
Religious or cultural practices
Communication arrangements
Holiday and travel schedules
The purpose is to create a practical agreement that reflects the needs of the children and the family's circumstances.
Advantages of a Parenting Plan
Many parents choose a parenting plan because it offers flexibility and allows arrangements to evolve as children grow and their needs change.
Where parents agree and maintain effective communication with their former partner, a parenting plan can provide a practical framework for managing day-to-day parenting responsibilities without involving the court.
Flexibility: Parenting plans can often be adapted as children's needs change without requiring formal court processes.
Co-operation: The process encourages parents to work together and develop solutions that suit their family.
Lower Cost: Because parenting plans are created by agreement, they can often be established without the expense of court proceedings.
Practicality: Parents can tailor arrangements to their family's specific needs rather than relying on a standardised approach.
Limitations of a Parenting Plan
While parenting plans can be highly effective in the right circumstances, they do have limitations. Most importantly, parenting plans are not legally enforceable.
If one parent stops following the agreed-upon arrangements, the other parent generally cannot seek enforcement through the court in the same way they could with a parenting order.
For this reason, parenting plans are often most suitable where there is a good level of trust, communication and co-operation between parents.
What Is a Parenting Order?
A parenting order is a legally binding document that sets out parenting arrangements for a child. Unlike informal agreements, parenting orders create a legally enforceable agreement that both parties must comply with.
Parenting orders may be made:
By agreement between parents through Consent Orders, or
By the court, following parenting proceedings.
When parenting orders are made by consent, the parents submit proposed consent orders to the court for consideration. Once the orders are approved by the court, they become legally binding and are treated as final orders.
What Can Parenting Orders Cover?
Parenting orders can address many of the same issues as parenting plans, including:
Who a child lives with
How children spend time with each parent
Equal shared parental responsibility for major decisions
Communication arrangements
Holiday arrangements
Travel requirements
They can also address major long-term issues, including decisions relating to education, health care, religious upbringing and other important aspects of a child's welfare.
Advantages of Parenting Orders
Parenting orders provide several important benefits.
Legal Enforceability: If a parent breaches a parenting order without a reasonable excuse, legal consequences may apply.
Greater Certainty: Parenting orders provide clear, formal arrangements that can reduce uncertainty and ongoing disputes.
Protection in High-Conflict Situations: Where communication is difficult or disputes regularly arise, parenting orders can provide greater structure and accountability.
Long-Term Stability: Many families benefit from the certainty that legally binding arrangements can provide.
Potential Drawbacks of Parenting Orders
Parenting orders are often more formal than parenting plans and may involve:
Legal costs
Court processes
Additional time to establish arrangements
More formal procedures if changes are required in the future
While parenting orders can provide greater certainty, they may offer less flexibility than a parenting plan.
Parenting Plan vs Consent Orders: Key Differences
A parenting plan is a voluntary parenting agreement between parents, while a parenting order creates legally enforceable obligations.
Where parents agree on arrangements and can co-operate effectively, a parenting plan may be sufficient. However, where disputes arise between one parent and the other party, or where greater certainty is required, parenting orders may provide stronger legal protection.
Parenting Order (Consent Orders)
Legally binding court order
Enforceable by the court
Formal process may be required to change arrangements
Often suitable where disputes exist
May involve legal and court costs
Parenting Plan
Voluntary agreement between parents
Not generally enforceable by the court
Flexible and easily updated
Suitable where parents co-operate effectively
Usually less costly to create
When Might a Parenting Plan Be Appropriate?
A parenting plan may be suitable where:
Parents agree on parenting arrangements
There is an amicable co-parenting relationship
Both parties are willing to communicate openly
The needs of the children are likely to change as children grow
There is no immediate need for legally enforceable arrangements
When Might a Parenting Order Be Necessary?
A parenting order may be more appropriate where:
Parents cannot agree on parenting arrangements
There is a history of conflict or ongoing disputes
One parent has concerns about compliance
Greater certainty is required
There are complex parenting issues involved
Safety concerns exist
In these circumstances, legally enforceable arrangements may provide greater protection and clarity for both parents and children.
Can a Parenting Plan Become a Parenting Order?
Yes.
Where parents agree on parenting arrangements, they may choose to formalise their parenting agreement by applying for Consent Orders.
The application involves submitting proposed orders to the court. If the arrangements are considered appropriate, they may be approved by the court and become legally binding final orders.
What Happens If Circumstances Change?
Children's needs often change as they grow, and parenting arrangements may need to evolve over time.
Changing a Parenting Order
Parenting orders can be changed, but the process is usually more formal. Depending on the circumstances, parents may be able to:
Reach a new agreement and apply for updated Consent Orders; or
Seek further orders from the court where agreement cannot be reached.
Obtaining legal advice before making significant changes can help ensure that any new arrangements are appropriate and legally effective.
How Does the Court Decide Parenting Orders?
Parenting matters are governed by the Family Law Act and are dealt with by the Federal Circuit and Family Court of Australia.
When making parenting orders, the court considers what arrangements are in the best interests of the child. This includes factors relating to the child's safety, development, relationships and overall well-being.
The court may also consider how children will spend time with each parent and how decisions about major long-term issues will be made moving forward.
Seeking Legal Advice About Parenting Arrangements
In many cases, parents are encouraged to attempt family dispute resolution or other forms of dispute resolution before commencing parenting proceedings.
Obtaining legal advice early can help parents understand the differences between informal parenting agreements and legally enforceable orders, and determine which option is most appropriate for their family's circumstances.
Need Guidance on Your Parenting Plan vs Parenting Order? Speak With Omnia Legal
Parenting plans and parenting orders both play an important role in helping separated parents establish clear arrangements for their children.
A parenting plan offers flexibility and encourages co-operation, while a parenting order provides legally enforceable arrangements and greater certainty where disputes may arise.
The right option will depend on your family's unique circumstances, the level of communication between parents, and the needs of your children.
If you would like legal advice about your parenting arrangements, contact Omnia Legal to discuss your circumstances with an experienced family lawyer.