Two common ways to formalise these arrangements are Parenting Plans and Consent Orders. While both outline parenting responsibilities, they are not the same. They differ in how legally strong they are, how easy they are to change, and what happens if one parent doesn’t follow the rules.
Understanding these simple differences can help you make the best choice for your family. Speaking with an experienced family law solicitor can also help you understand your rights and responsibilities before making any decisions.
What is a Parenting Plan?
A parenting plan represents a written agreement between parents that sets out how they will care for their children after separation. It is created voluntarily and does not require going to court.
A parenting plan might include:
● Where the children live
● How much time they spend with each parent
● How parents will handle holidays, birthdays, and special occasions
● How decisions about school, health, religion, and sport will be made
● How the parents will communicate about the children
● How costs and responsibilities are shared
A parenting plan can be made with or without legal help. Many families search “family solicitors near me” for guidance to make sure the agreement is clear and suitable.
Key Thing to Know:
Parenting plans are not legally enforceable. This means if one parent doesn’t follow the plan, the other parent cannot go straight to court to enforce it.
However, courts may still consider what the parenting plan says if the parents later end up in court.
Parenting plans work well when parents are cooperative and communicate respectfully.
What Are Consent Orders?
Consent orders are parenting agreements that are approved by a court. Once approved, they become legally binding, just like any court order made after a trial.
This means that both parents must follow the terms, and if one parent does not, the other can apply to the court to enforce the order.
Consent orders can include:
● Living arrangements and weekly schedules
● Parental responsibility and decision-making
● Schooling and healthcare arrangements
● Holiday and travel arrangements
● Rules for communication and behaviour
● Relocation restrictions (e.g., moving interstate or overseas)
Most parents work with a Child Custody Lawyer or family law solicitor to draft consent orders to make sure the wording is clear and complete.
Key Thing to Know:
Consent orders do not require you to go to court in person. The application is usually done on paper and reviewed by a judge privately.
If the court agrees that the orders are in the child’s best interests, they are approved.
Parenting Plans vs Consent Orders: Side‑by‑Side Comparison
| Feature | Parenting Plan | Consent Orders |
|---|---|---|
| Legal Strength | Not legally enforceable | Legally enforceable by the court |
| Court Involvement | None required | Court approval required |
| Flexibility | Easy to change if both parents agree | Changes require a legal process |
| Cost | Usually low | Higher (filing + legal fees) |
| Best For | Cooperative parents who trust each other | Parents needing structure, clarity or enforceability |
| What Happens If One Parent Breaks It | You must try mediation first | You can take legal action immediately |
Why Legal Enforceability Matters
The biggest difference between parenting plans and consent orders is what happens if one parent does not follow the agreement.
● If a parenting plan is broken → You must try to resolve the issue through mediation first. The court cannot simply enforce the plan.
● If a consent order is broken → You can apply to the court for enforcement. The court may require make‑up time, issue penalties, or order a parent to attend behaviour or parenting programs.
This is why many families choose consent orders when trust is low or conflict is high.
If you are unsure whether your situation needs enforceable orders, a family law solicitor can help you assess the risks.
Flexibility and Future Changes
Kids grow. Routines change. Parents move house. Work schedules shift.
Parenting Plans:
✔ Easy to update anytime
✔ No forms or court involvement
✔ Best for flexible, respectful co‑parenting
Consent Orders:
✔ Stable and predictable
✘ Harder to change — requires a formal agreement or return to court
✔ Good for reducing conflict or uncertainty
If your co-parenting relationship is cooperative, a parenting plan may be enough at first. Some families later convert the plan into consent orders once they are confident in the arrangements.
Cost and Time
Before you start searching for “family solicitors near me”, know the cost and time in both scenarios:
Parenting Plans
● Can be made quickly (days or weeks)
● Minimal cost if done yourself
● Low lawyer fees if you choose to get advice
Consent Orders
● A court filing fee applies
● Often drafted by a child custody lawyer
● Usually approved in 1–3 months
● Much cheaper and faster than going to trial
Many parents feel the extra cost is worth the peace of mind.
Which Option Works Best for Your Family?
Parenting plans are ideal when:
● Parents communicate respectfully
● There is mutual trust
● Arrangements may often change
● You want flexibility without legal pressure
Consent orders are best when:
● Conflict or distrust exists
● You want legal protection
● A parent may not follow informal agreements
● Stability and consistency are needed
● Relocation or travel may be an issue
How Can a Family Law Solicitor Help?
A family or child custody lawyer can:
● Explain your rights in clear, simple language
● Help you negotiate parenting arrangements respectfully
● Draft parenting plans or consent orders that avoid misunderstandings
● Make sure your agreement is practical, realistic, and child‑focused
● Represent you if court involvement becomes necessary
If you’re currently searching for “family solicitors near me”, look for a lawyer who is experienced, approachable, and supportive, not just someone who “knows the law”.
Summing Up: Putting Your Children First
Whether you choose a parenting plan or go for consent orders, the goal is the same:
To create stable, safe, and supportive arrangements where your children can thrive.
There is no one‑size‑fits‑all answer. Every family is different. Getting personalised advice from an experienced family law solicitor ensures your choices protect both your rights and your children’s wellbeing.
If you are unsure where to start, speaking with a child custody lawyer can help you feel confident and supported as you move forward.