Parenting Plan vs Consent Orders: What's the Difference?

Both put your agreed parenting arrangements in writing. The difference is whether a court stands behind it - here's what that means in practice.

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You and your ex-partner have already agreed on where the kids live, how time is split, and how decisions get made. The question is how formal that agreement needs to be - a parenting plan, or consent orders. Here's the real difference.

What is a parenting plan?

A parenting plan is a written agreement between you and your ex-partner about parenting arrangements for your children - where they live, how time is split, schooling, and other day-to-day decisions. It's signed and dated by both of you, but it is not approved by a court and is not enforceable on its own. It's flexible: you can update it any time you both agree, without needing to go back through a court process.

What are consent orders?

Consent orders cover the same kind of parenting arrangements, but they're submitted to the court and approved, becoming a legally enforceable court order. If one of you later doesn't follow the arrangement, consent orders give the other person a court order to rely on. Consent orders can also cover property and financial matters in the same set of orders, not just parenting.

Side by side

	Parenting plan	Consent orders
Court-enforceable?	No	Yes - approved by the court
Easy to change later?	Yes, any time you both agree	Usually needs fresh court involvement
Can also cover property?	No - parenting only	Yes, if you want it in the same orders
Best suited to	Arrangements likely to keep evolving, or where trust is high	Wanting certainty and enforceability locked in

Which one do I need?

If you want an arrangement you can adjust as your children grow, and you and your ex-partner have a good working relationship, a parenting plan is often enough. If you want the certainty of a court-enforceable order, or you're formalising property matters at the same time, consent orders are the better fit. Want more detail on exactly what "not court-enforceable" means day to day? See our page on whether a parenting plan is legally binding.

Questions people ask about parenting plans vs consent orders

Is a parenting plan legally binding?

No, not on its own - that's the key difference from consent orders. A parenting plan is a genuine written agreement, and courts will look at it if a dispute ever arises, but it isn't enforceable the way a court order is. See our page on whether a parenting plan is legally binding for the full detail.

Can we change a parenting plan later if our situation changes?

Yes - that flexibility is one of the main reasons couples choose a parenting plan over consent orders. You can update it any time you both agree, without going back to court. Consent orders can also be changed later, but generally need fresh court involvement to formalise the change.

Can we start with a parenting plan and move to consent orders later?

Yes, this is common. Plenty of couples use a parenting plan while things are settling in, then formalise the same arrangement as consent orders once they want the extra certainty of a court order - the underlying agreement doesn't need to change, just how it's formalised.