Understanding Parenting Plans and Consent Orders

There’s no disputing that the realm of family law can be stressful. For many people, matters like separation and divorce can provide a sustainable solution for peace and positive family change. While light is at the end of the tunnel, navigating those early days can seem daunting.

At Seacliff Family Law, we’re no strangers to parental stress. We know that parenting itself is HARD work (shout out to the ‘terrible two’s’)! Throw in a relationship breakdown and some major life decisions, and it really can seem like you are balancing the weight of the world on your shoulders.

One of our biggest client concerns would have to be the management of parental rights and responsibilities post-separation or divorce. While every case is different, one thing is central to all of them – the safety and well-being of all the children involved.

The arrangements that are put into place during this time have the ability to set your family on a healthy, stable trajectory. Two of the most common legal mechanisms to address parenting arrangements after separation or divorce are parenting plans and consent orders.

Here, we will explore their differences, shedding light on the best approach to safeguarding your family unit.

Parenting Plans

Despite the plethora of divorce horror stories, many couples separate amicably. Perhaps that might even be your situation! If you feel that you and your ex-partner can communicate effectively and agree on the best interest of your child/children, a parenting plan may be right for you.

A parenting plan is an informal, written agreement between parents outlining their children's ongoing care and custody arrangements. While it is informal, this plan requires careful consideration of the following: 

Living arrangements – where do the children live, and what nights will they spend with each parent?

Education – where do the children attend school or childcare?

Decision-making authority – how will major decisions be made? Consider factors from healthcare to religion, education to extracurricular activities. Does each parent have equal autonomy to make major decisions or will one parent have primary authority in a specified area?

Communication methods – how will parents communicate with one another day to day (i.e., text, call or email)?

Religion and culture – how will the children be raised? Are there any religious or cultural practices that need to be upheld?

Costs - What is the financial responsibility of each parent? Who will pay for what and when?

Extended family - What level of involvement will extended family members have in raising the children?

Defining Characteristics of a Parenting Plan

Flexibility: Parenting Plans offer a high degree of flexibility as formal legal processes do not bind them. Parents have the freedom to adapt the plan to the changing needs of their children without the need for court intervention. With this in mind, it’s essential to understand that parenting plans do allow for some level of modification.

Informality: Parenting plans are notoriously informal, making them accessible and easier to create. They can be a more appealing option for parents who prefer a less adversarial approach to resolving parenting matters. Remember, just because parenting plans are considered informal, you are well within your rights to engage a family lawyer to help you draft one.

Non-Legally Binding: It’s very important to understand that parenting plans are not legally enforceable – they are not filed with the court or legally binding. Trust is paramount when it comes to successful parenting plans. If you or your ex-partner stray from the agreement, it can muddy the waters because, legally, the Court cannot enforce the terms.

We’ve seen some families thrive with solid parenting plans; however, we’ve also seen parenting plans crumble. So, both parties must weigh the pros and cons of these guidelines before committing.

Remembering that the Family Law Act mandates that both parties agree on parenting plans without duress or coercion is always important. If both parents cannot agree on the terms of a parenting plan, the Family Court will step in. They will structure a plan based on the children's best interests, and reasonable accommodation to the needs of the parents.

Consent Orders

If you’d prefer to swap flexibility for formality, perhaps a consent order is your best option.

You might find yourself disagreeing with your ex-partner about the best interests of your children, or you might simply want something legally binding to safeguard yourself in the future.

A consent order is a legal document that specifies the determined parenting arrangements, providing a structured framework for both parents to follow.

Like parenting plans, consent orders include the following elements:

●        Living arrangements

●        Education

●        Visitation (holidays, birthdays, etc.)

●        Communication methods

●        Travel arrangements

Conversely, they do not include some parenting plan factors such as finances or child support.

Defining Characteristics of a Consent Order

Court Approval: Both parents must agree on the terms to obtain a consent order. The agreement is then filed with the Court for approval - the court will assess the agreement's fairness and consider the child's best interests before granting approval.

Legally Binding: Once a consent order is approved, it becomes legally binding, which means there could be penalties for you or your ex if one of you deviates from the agreement.

Enforceability: Compared to parenting plans, consent orders provide greater enforceability. With non-compliance, the Court can intervene to ensure agreed-upon arrangements are followed. For this reason, a consent order is a preferred option for families where both parents cannot agree or where one parent is concerned that the other will refuse to return the child after visitation.

Given the binding nature of consent orders, it is highly recommended that you consult with a family lawyer to navigate any uncertainties and protect your rights. Specialised, client-focused support can ensure that you and your family have full clarity and contentment around the terms of the consent order.

A family lawyer can also ease the strain of finalising and lodging all of the relevant Court documents (trust us, we’re happy to take this off your hands!).

So, which option is best for you?

As a boutique family law firm, we don’t believe that a ‘one size fits all approach’ gets anyone very far. This rings particularly true when it comes to parenting arrangements.

While litigation-free parental plans may work for one family, they simply won’t work for another. Likewise, legally binding consent orders won’t be palatable for everyone.

Both offer a valuable framework for raising children amid family law matters, but understanding the values and implications for your family is key.

At Seacliff Family Law, we understand the delicate nature of parenting arrangements and are dedicated to determining the best option for your situation. Our goal is to provide meaningful guidance around parenting plans and consent orders to help you carve a new path towards a better, brighter future for your family.

Unsure about whether parenting plans or consent orders are right for your family?

Contact Seacliff Family Law today to schedule a consultation with an Accredited Specialist who will stand by you every step of the way. Take the first step toward a more secure future now.