When families go through separation or divorce, one of the most important considerations is making arrangements for the care and upbringing of the children. Two legal tools often come up in this process: parenting orders and consent orders. While both can set out how parenting responsibilities will be shared, they are not the same. A knowledgeable family law lawyer can guide parents through these options, helping them understand the differences and make informed decisions that protect their children’s best interests while avoiding unnecessary stress and conflict.
What Are Parenting Orders?
Parenting orders are formal, enforceable decisions made by the Family Court (or Federal Circuit and Family Court of Australia) about parenting arrangements. These orders can be made:
- By consent – when both parents agree and ask the court to formalize their arrangement.
- After a hearing – when parents cannot agree, and a judge decides.
Parenting orders can cover a wide range of matters, including:
- Where a child will live.
- How much time they will spend with each parent.
- How parents will communicate about the child.
- Schooling and medical decisions.
- How will the child spend holidays and special occasions?
Because they are court orders, parenting orders are legally binding. Breaching them without a reasonable excuse can lead to serious legal consequences, such as fines or changes to the existing arrangements.
What Are Consent Orders?
Consent orders are also legally binding, but they are made when both parents reach an agreement without going to a full court hearing. The parents (or parties) prepare a written agreement about parenting arrangements and submit it to the court for approval.
Once the court approves the agreement, it becomes a consent order, carrying the same legal weight as any order made by a judge after a hearing. The difference is that consent orders avoid the time, cost, and emotional toll of a contested court case.
Consent orders can cover:
- Parenting matters (just like parenting orders).
- Property and financial matters arising from the separation.
Key Differences Between Parenting Orders and Consent Orders
While they can sometimes overlap for example, a parenting order can be made “by consent” there are important distinctions to understand:
| Aspect | Parenting Orders | Consent Orders |
| How they are made | Made by a court after a hearing or by consent. | Made when both parties agree and submit the agreement to court. |
| Level of conflict | Often used when there is disagreement and court intervention is required. | Usually made in a cooperative context, avoiding litigation. |
| Scope | Only covers parenting arrangements. | Can cover parenting and property/financial matters. |
| Process | Can involve lengthy court proceedings if contested. | Usually quicker and more cost-effective. |
| Enforceability | Legally binding and enforceable by law. | Legally binding and enforceable by law. |
When to Consider Parenting Orders
Parenting orders may be necessary when:
- There is ongoing conflict between parents.
- Safety concerns exist, such as family violence or neglect.
- Parents cannot agree even after mediation.
- One party needs the certainty of a court-imposed arrangement.
Because parenting orders can be made without mutual agreement (through a judge’s decision), they are often the last resort when negotiations fail.
When to Consider Consent Orders
Consent orders are generally suitable when:
- Both parents are willing to cooperate.
- There is already a clear agreement on parenting arrangements.
- The parties want a legally enforceable document without going to trial.
- Property and financial matters also need to be resolved alongside parenting issues.
Consent orders can save time, reduce costs, and limit the emotional toll of separation, making them the preferred choice for many families.
Why the Distinction Matters
Choosing between parenting orders and consent orders isn’t just a legal technicality, it can affect the speed, cost, and emotional impact of resolving parenting issues. Parenting orders may be essential in high-conflict situations, but they can be time-consuming and stressful. Consent orders, while requiring agreement, can provide the same legal certainty in a more collaborative, less adversarial way.
In either case, the court’s primary consideration will always be the best interests of the child. This means arrangements should prioritize the child’s safety, stability, and ability to maintain a meaningful relationship with both parents (unless there are safety concerns).
Final Thoughts
Parenting after separation can be challenging, but the right legal framework can bring clarity and security. Parenting orders and consent orders both provide enforceable arrangements, yet they differ in how they are made and when they are appropriate.
If you are unsure which option is best for your circumstances, seek legal advice from us. We can guide you through the process, ensure your rights are protected, and most importantly, help you make decisions that serve your child’s wellbeing.