Understanding Consent Order and Parenting Plan

A consent order is a formal legal agreement that parents (or other caregivers) can apply for when they mutually decide on arrangements for their children. Once approved by the court, this order carries the same legal weight as a decision made by a judge after a hearing. In most cases, there is no requirement for either party to attend court to finalise the process.

Consent orders outline the responsibilities and obligations of both parents and must be followed as legally binding commitments. In some cases, relatives such as grandparents may also seek consent orders to establish formal arrangements regarding children in their care. These orders can address various aspects of co-parenting, including decision-making responsibilities, communication via phone or email, division of travel expenses, participation in extracurricular activities, and medical considerations.

In Queensland, a consent order is a legally binding agreement approved by the court, often used by separated parties to formalise arrangements regarding children, property, and financial matters without the need for a court hearing. This process allows both parties to mutually agree on terms and have them legally recognised.

Key Resources for Consent Orders in Queensland:

Federal Circuit and Family Court of Australia (FCFCOA)

• Application for Consent Orders (Do It Yourself Kit): This comprehensive kit provides detailed instructions and necessary forms to apply for consent orders, guiding you through the process step by step. FCFCOA
• How Do I Apply for Consent Orders?: This resource outlines the application procedure, including eligibility criteria, required documentation, and filing guidelines.

Legal Aid Queensland

• Consent Orders, Parenting Orders, and Parenting Plans: This guide offers insights into the differences between consent orders and parenting plans, helping you determine which option best suits your circumstances.
• Parenting Arrangements: This resource provides information on how to establish and modify parenting arrangements, emphasising the importance of formal agreements.

Before proceeding, it’s advisable to seek independent legal advice to ensure that the consent order accurately reflects your intentions and protects your rights.

Alternative to a Consent Order: Parenting Plans

If both parents agree on how to manage parenting responsibilities, they can opt for a parenting plan instead of a consent order. A parenting plan is an informal, written agreement that details arrangements for the children. Unlike a consent order, this document does not need to follow a specific format and does not require submission to a court. The content can be brief or highly detailed, depending on the parents’ preferences.

A key feature of a parenting plan is that it can be written in plain language, without the need for legal terminology. However, it must be created voluntarily, free from pressure, threats, or coercion. Each party involved must sign and date the agreement for it to be considered valid.

Differences Between a Consent Order and a Parenting Plan

The most significant distinction between a consent order and a parenting plan is that a consent order is legally binding, whereas a parenting plan is not. If one parent does not adhere to a parenting plan, the other party has limited options for legal enforcement. While it is possible to take the matter to court, the judge may issue orders that differ from the original plan, potentially leading to less favorable terms.

Another crucial point to consider is that a parenting plan created after a consent order may override the terms of the original order. This means that if a newly signed parenting plan introduces different terms, the original consent order may no longer be enforceable. Because of this, it is essential to seek legal advice before agreeing to a parenting plan after a consent order has already been established.

Choosing the Right Option for Your Situation

Both consent orders and parenting plans have advantages and disadvantages, and the best option depends on your circumstances. While a parenting plan provides flexibility and avoids court involvement, a consent order ensures that the agreed terms are legally enforceable.

If you want a legally binding agreement that protects the arrangements you have made, a consent order is the safer option. However, if both parents are on amicable terms and willing to cooperate without court intervention, a parenting plan may be sufficient.

Before making a decision, it is always advisable to consult with a lawyer to ensure that your parental agreements are structured in a way that best protects your rights and the well-being of your children.

For further guidance on consent orders or parenting plans, reach out to one of our experienced family lawyers at Townsville Divorce Lawyers.