Applying
Parenting plans vs consent orders vs court orders
In short
A parenting plan is a written, signed and dated agreement — flexible but not enforceable by a court. Consent orders are an agreement the court approves and makes into orders — enforceable. Court orders are made by a judge after a hearing — also enforceable. Knowing the difference protects you.
Once you reach an arrangement — or a court decides one — it gets recorded in one of three ways. The difference between them is mostly about enforceability.
Parenting plan
A parenting plan is a written agreement, signed and dated by both parents. It can cover living arrangements, time, communication, decision-making, and practical rules.
- Pros: flexible, free, no court involvement, easy to update by agreement.
- Cons: not enforceable by a court. If the other parent stops following it, you can’t ask the court to enforce it directly (though a court can take a parenting plan into account later).
Don’t sign one on the spot if you’re unsure — you’re entitled to take it away and have it reviewed.
Consent orders
Consent orders are an agreement that you ask the court to approve and make into orders (usually “on the papers”, without a hearing). The court must be satisfied the orders are in the child’s best interests.
- Pros: enforceable like any court order; certainty.
- Cons: more formal; the court can decline to make orders it doesn’t consider to be in the child’s best interests.
Court orders (after a hearing)
If you can’t agree, a judge decides and makes parenting orders. These are binding and enforceable, and breaching them can have serious consequences.
Which should you aim for?
If you can reach agreement, consent orders usually give you the certainty of enforceability while avoiding a contested hearing. A parenting plan can be a sensible interim step — but understand its limits before relying on it.
Common questions
- We agreed at mediation. Is that legally binding?
- A parenting plan is a formal written agreement but it is not enforceable like a court order. If you want it to be enforceable, you can apply for consent orders that reflect the agreement.
- Can a parenting plan change existing court orders?
- In some circumstances a later parenting plan can affect how earlier orders operate. This is a technical area — get legal advice before signing a parenting plan if you already have orders.
Sources
Last reviewed: 16 July 2026. Court rules and forms change — always confirm the current position with the Court or your lawyer.
Not legal advice.This site provides general information and self-help tools only. It is not legal advice and does not create a lawyer–client relationship. Always seek independent legal advice about your own situation.