Parenting Plan V Consent Order
When separated couples reach an agreement regarding the arrangements for their children, they are confronted with 2 options for how to document the agreement, either a parenting plan or a consent order. There are significant differences between the two.
What is a Consent Order?
- A standard court form that is completed by the parties, lodged with the court and if accepted by the court becomes a court order and is binding and enforceable.
- A court order is difficult to change.
What is a Parenting Plan?
- There is no set form. It has low formality requirements, (i.e only needing to be signed by both parents and there is no witnessing requirement).
- The parenting plan is not lodged with the court, does not become a court order and is not enforceable. It can only act as evidence of what the parents agreed upon and it tends to be more flexible in its wording of arrangements than a consent order.
- A parenting plan that is made after a court order will override the court order whenever the 2 documents conflict.
It is essential that you obtain Specialist Family Law advice before completing any documentation regarding your children’s arrangements. For a fixed cost no obligation initial consultation, call us on (07) 3221 4300.