When parents separate in NSW, one of the first and most important decisions is how to manage parenting arrangements. Two common legal tools for setting out these arrangements are Parenting Plans and Consent Orders — but they are very different in terms of enforceability and flexibility.
As Sydney family lawyers, we’re often asked which option is “better.” The answer depends on your circumstances, your relationship with the other parent, and the level of certainty you need.
Here’s a clear breakdown of the differences between parenting plans and consent orders in NSW.
1. What Is a Parenting Plan?
A Parenting Plan is a written agreement between parents that sets out arrangements for their children.
In NSW, a parenting plan:
- Must be signed and dated by both parents
- Can cover living arrangements, time spent with each parent, schooling, holidays, and more
- Is not legally enforceable in court
When it works best: Parenting plans are suitable for parents who communicate well, trust each other, and want flexibility without the formality of court orders.
Advantages:
- Flexible — can be changed anytime by agreement
- No court process required
- Can be tailored to suit your family’s needs
Limitations:
- Not legally binding
- Cannot be enforced by the court if one parent doesn’t follow it
2. What Are Consent Orders?
Consent Orders are parenting arrangements approved by the Family Court or Federal Circuit Court. They carry the same legal weight as if a judge had made them after a hearing.
In NSW, consent orders:
- Are legally binding and enforceable
- Can cover the same issues as a parenting plan (living arrangements, education, medical care, etc.)
- Require a formal application to the court, usually without either party attending a hearing
When it works best: Consent orders are suitable when parents want certainty, protection, and enforceability.
Advantages:
- Legally binding and enforceable
- Provide stability and certainty for children
- Breaches can be taken back to court
Limitations:
- Less flexible — changes require agreement or a new court application
- Involves court filing fees and preparation of formal documents
3. Key Differences Between Parenting Plans and Consent Orders
| Feature | Parenting Plan | Consent Orders |
|---|---|---|
| Legally binding? | ❌ No | ✅ Yes |
| Flexibility | High — can be changed easily | Low — changes require legal process |
| Court involvement | None | Required for approval |
| Enforceable in court? | ❌ No | ✅ Yes |
| Best for | Parents with good communication & cooperation | Parents needing certainty & enforceability |
4. Can a Parenting Plan Become a Consent Order?
Yes. If you already have a parenting plan in NSW, you can later apply to the court to turn it into consent orders — giving it legal force. This is common when circumstances change or when parents want extra security.
5. Which Option Is Right for You?
Choosing between a parenting plan and consent orders depends on:
- How well you and the other parent communicate
- Whether you need the arrangements to be legally enforceable
- How much flexibility you want for future changes
At Barker Evans, our Sydney family lawyers can help you assess your situation and prepare either a parenting plan or consent orders that protect your children’s best interests.
Final Thoughts
Both parenting plans and consent orders have their place in NSW family law. Parenting plans offer flexibility and are good for cooperative arrangements, while consent orders provide certainty and legal enforceability.
If you’re unsure which is right for you, get legal advice before signing any agreement — your children’s stability and your legal rights may depend on it.
If you want expert family law advice from a leading family lawyer, please contact the team at Barker Evans on (02) 8379 1892 or info@barkerevans.com.au