PARENTING PLANS vs CONSENT ORDERS

WHAT ARE PARENTING PLANS? In order to determine what option is best for your family, it is important to understand the difference between a parenting plan and consent orders..

Parenting plans establish guidelines for families separating or divorcing.

Common issues dealt with in parenting plans include:• Living Arrangements including special occasions and holiday• Parental responsibility• Communication• Changeover arrangements• Child-related expenses• Any other issues relating to the child

Parenting plans are not legally enforceable, but they may be considered as evidence of an agreement in family law matters by the court. The Family Law Act stipulates that parenting plans must be agreed upon by both parties without duress or coercion.

WHAT ARE CONSENT ORDERS?

Consent orders may deal with the following issues:

• Living arrangements including special occasions and holidays• Parental responsibility• Communication• Changeover arrangements• Any other issues that may be dealt with by the court

Consent orders, unlike parenting plans, are legally enforceable orders which are made by the court.

They are �nal and binding on both parties and can be enforced by the court in the event that one party breaches the orders.

When parents in Australia determine that separation or divorce is the only suitable option for their family, one of the primary concerns is managing their parental rights and responsibilities. Maintaining a safe, healthy family dynamic is crucial to post-divorce success, and the overall wellbeing of the children involved.

There are several ways that parents can ensure that their family is protected and remains on a positive, healthy trajectory. Two of the most common outcomes in determining family law parenting arrangements are parenting plans and consent orders.

PARENTING PLANS vs CONSENT ORDERS

WHICH OPTION IS BEST FOR YOUR FAMILY? The main di�erence between parenting plans and consent orders is that parenting plans are not legally enforceable while consent orders are.

Parenting plans are more suitable for families who want an agreement in writing but also want the �exibility to change the agreement as their children get older or their circumstances change. Consent orders are more appropriate for parents who have reached a �nal agreement that can be e�ected on a long term basis and do not envisage any major changes a�ecting the children occurring prior to them turning eighteen. Consent orders give both parties certainty and security about what arrangements will be in place in respect of the children. Determining which option is best for your situation may be di�cult, and you may bene�t from the guidance of a skilled family law professional.

Every separation or divorce case is as unique as the family it represents. There is no standard or “cookie-cutter” form to ensure that your family’s needs are met. At Owen Hodge Lawyers, we understand the delicate nature of parenting arrangements, and we will work hard to meet the needs of your family. Our team of lawyers are dedicated to reviewing your case and o�ering tailored guidance on the options that best suit your family.