Know Your Rights When It Comes to Consent Orders and Parenting Plans

November 15, 2023    Familylawyers
Know Your Rights When It Comes to Consent Orders and Parenting Plans

In family law, the issues that take place over the parenting arrangements are as stressful in any individual’s life. On certain occasions, either consent orders Perth or a parenting plan is involved.

But right before one gets to apply for any one of these options. It’s vital to learn what they are and have good knowledge about their rights. Furthermore, it’s also crucial to comprehend the difference between them and which is the best option for him/her.

If you are one of them, go through all these things in detail from this post before taking another step forward. Let’s get started!

Brief Definition of Parenting Plans

The Family Lawyers Perth WA have described the parenting plans as a written informal contract. Which is signed and dated by both parents. In general, the plan will outline all the parenting arrangements for the children/child, which are:

  • Who will the children/child live with
  • Who will spend time with the children/child
  • Arrangements for all the holidays and special events
  • Methods to follow for the long-term decision-making for the children/child, like education and health.

It’s essential to keep in mind that the parenting plan does not stand out as a lawfully enforceable contract.

Understanding the Parenting Law and Plans in Australia

In Australia, parenting plans come in many forms. But under Section 63C of the Family Law Act of 1975, the plan should not contain any type of coercion, duress, or threat.

The parenting plan should be in writing, dated and signed by the parents. Since these documents are not lawfully enforceable, they need to be made legally binding.

To do so, the parents should agree on all the arrangements mentioned within the plan right before they submit it to the Australian court with the “application for the consent order”. From that point onwards, this particular plan gets into the “Parenting Order”.

This consists of the same type of lawful effect compared to the consent orders. Besides that, the court will consider what are things that stand out as the best option for the children/child involved, just as it is mentioned under Section 60CC of the Family Law Act of 1975.

Making the Parenting Plan: Things to Consider

Taking the help of the Perth Family Lawyers can surely help him/her to create a proper parenting plan for their children/child. But when making this type of plan, there are several things that one must take into consideration:

  • The child/children’s age and whether or not the plan is completely age-appropriate.
  • Who is the right individual to provide regular care to the child/children?
  • Whether or not the child has any kind of special schooling or medical requirements.
  • The educational requirement of the children/child.
  • Check to see whether or not there is a Torress Strait or Aboriginal Islander
  • Check for co-parent communication
  • Take a look at the cultural needs of the children/child if they are Torress Strait or Aboriginal islanders
  • The safety of the children/child
  • The views of the children/child, if they have any.

Consent Orders: What is It?

Based on the consent order family law, the consent order is a written contract, just like the parenting plan, which contains information about the care arrangements of a child/children. However, this type of agreement needs to be approved by the court.

Right before it gets approved, he/she has to satisfy the court by showing all the orders that were requested are in the best interest of the children/court. The consent orders also hold the same kind of legal weight compared to all the documents issued by the court.

Reasons Why People Apply for the Consent Orders

The consent order family law Perth will protect the parties that have applied for the consent order. When the consent order becomes legally binding, it will help in making sure that all the terms present within the contract are completely enforceable.

That way, it will provide legal protection when any one of the parties breaks the terms of the contract. When a parenting agreement is left informal, it will lead to misinterpretations to take place.

Private and informal contracts are not lawfully binding, and if one party breaches the terms of the contract, it’s not possible to do anything from a legal perspective. The majority of the individuals will opt for the informal contract with good intentions in mind.

There are some aspects that can have a massive impact on an individual’s capability to maintain the culmination of the contract. Fulfilling the end of the contract will lose its importance over time if people don’t follow the terms of the agreement effectively.

Consent Orders vs Parent Plans: The Difference

Many people opt for the parent plan because it’s not that costly to draft. It’s ideal for individuals who wish to avoid going to the consent order family court in Perth, even though they will get all their agreements on parenting completely formalised.

Parenting plans work in areas where both parents can effectively work and communicate together. One should trust their parents and follow the parenting plan completely. If he/she is worried about whether or not their partner will follow the plan. They can opt for the consent order.

When the court decides that a particular court order is not followed correctly, it will lead to penalties. Here, the penalties will range from providing compensation to one parent not being able to spend time with the child/children to imprisonment, in extreme cases.

Parenting orders through consent will encourage him/her to follow the parenting arrangement. It will also offer a mechanism to enforce that arrangement when the parties don’t comply with the parenting arrangement.


Both consent orders and parenting plans are written documents that are created by both parents for the best interest of their child/children. The documents contain information that both the parents have agreed upon.

Furthermore, once he/she enters this type of agreement, it’s compulsory for them to follow all its terms without fail. But if parents wish to gain more information about parenting plans and consent orders, they should speak with the Family Lawyers in Perth WA.

The top family law lawyers in Perth can explain all the areas of these documents and will also let the parents know which option they should choose out of the two.

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