Parenting Orders and Consent Orders: What Parents Need to Know

When parents separate, deciding how their children will be cared for is often one of the most important and emotional parts of the process. Questions about living arrangements, school holidays, communication and decision-making can quickly become overwhelming, particularly when parents have different expectations.

In Australia, parenting orders and consent orders provide legal ways to establish clear arrangements for children following separation or divorce. However, not every family needs to go through contested court proceedings to reach a workable parenting agreement.

Some parents reach an agreement privately through a parenting plan, while others choose to formalise their arrangements through legally binding consent orders. Where agreement cannot be reached, the Court may need to decide what arrangements are in the child’s best interests.

Understanding these options can help you make informed decisions about your child’s future.

At Family Lawyers Mackay, we assist parents throughout Mackay and the surrounding Queensland region with parenting arrangements, family mediation and parenting disputes.

What Are Parenting Orders in Australia?

Parenting orders are legally binding orders made by a court under the Family Law Act 1975 (Cth). They establish arrangements concerning the care, welfare and development of children.

Parenting orders may be made when parents agree on arrangements or when the Court is required to resolve a disagreement.

Depending on a family’s circumstances, parenting orders may address:

• Living arrangements: Who a child will live with and how their living arrangements will operate.
• Time with each parent: When and how a child will spend time with their parents or other significant people.
• Parental responsibility: Who is responsible for making important long-term decisions about the child.
• Education and healthcare: Arrangements concerning schooling, medical treatment and other significant decisions.
• Holidays and special occasions: How school holidays, birthdays and important family celebrations will be managed.
• Communication: How a child will maintain contact with a parent or other significant person.
• Travel and relocation: Arrangements concerning domestic or international travel and changes to a child’s place of residence.

Once parenting orders are made, the people bound by those orders must comply with their terms unless the orders are lawfully changed.

Importantly, parenting orders do not automatically require children to spend equal time with both parents. Every parenting arrangement must be considered according to the child’s individual circumstances and best interests.

If you are uncertain about your rights and responsibilities following separation, our child custody lawyers in Mackay can help explain your legal options.

What Are Consent Orders in Family Law?

Consent orders are court orders made after the relevant parties have reached an agreement.

Rather than asking a judge to decide every disputed issue through contested proceedings, parents can agree on suitable parenting arrangements and ask the Court to approve them.

Once approved, consent orders become legally binding parenting orders.

For example, separating parents may agree that their child will live primarily with one parent while spending specified weekends, school holidays and other agreed periods with the other parent.

They may also agree on how important educational and medical decisions will be made.

These arrangements can then be documented in proposed consent orders and submitted to the Federal Circuit and Family Court of Australia for consideration.

The Court must be satisfied that proposed parenting consent orders are in the child’s best interests before making them.

Benefits of Parenting Consent Orders

Consent orders may provide several advantages for separating parents:

1. Greater legal certainty

Once approved, consent orders establish legally enforceable obligations and help clarify each parent’s responsibilities.

2. Reduced uncertainty about arrangements

Clearly drafted orders can address school holidays, changeover arrangements, communication and other practical matters that might otherwise cause disagreements.

3. An alternative to contested litigation

Where parents agree, consent orders may be obtained without the need for a contested court hearing.

4. Long-term stability

Consent orders can provide an established framework for parenting arrangements while children grow and family circumstances evolve.

5. Legal enforcement options

If a parent fails to comply with an order, the other party may be able to seek appropriate remedies through the Court.

Although consent orders are made by agreement, parents should consider obtaining independent legal advice before finalising them.

Parenting Orders vs Consent Orders: What Is the Difference?

The most important distinction is how the orders are made.

Parenting orders is the broader legal term covering orders made by the Court about children.

Consent orders are parenting orders made with the agreement of the parties and approved by the Court.

Parenting orders can also be made following contested proceedings where the parties cannot resolve their disagreement.

Both types of court-made parenting orders are legally binding.

Key takeaway: Consent orders are a type of parenting order. They are not a separate, less enforceable form of agreement.

Parenting Plans vs Consent Orders: Which Is Better?

Parents sometimes confuse a parenting plan with consent orders because both can document arrangements for children.

However, they have different legal consequences.

A parenting plan is generally a written agreement between parents that records how they intend to manage parenting arrangements after separation.

To meet the requirements of the Family Law Act 1975, a parenting plan must be in writing, signed and dated by both parents, and made voluntarily without threats, duress or coercion.

A parenting plan may address the same practical matters as consent orders, including living arrangements, holidays, communication and decision-making.

The critical difference is that a parenting plan is not directly enforceable as a court order, while consent orders become legally enforceable once approved by the Court.

Parenting Plan vs Consent Orders: Comparison

A parenting plan may suit parents who communicate effectively, trust one another to follow agreed arrangements and want a flexible approach.

Consent orders may be more appropriate where parents require clear, enforceable obligations or greater certainty about future arrangements.

However, flexibility is not necessarily lost entirely when consent orders are made. In certain circumstances, a later parenting plan may affect the operation of existing parenting orders. The wording of the orders and the applicable law must be carefully considered.

There is no single arrangement that suits every family. The appropriate option depends on the child’s needs, the parents’ circumstances and any relevant safety concerns.

How Does the Court Decide Parenting Arrangements?

Under Australian family law, the child’s best interests are the paramount consideration when a court makes parenting orders.

Changes to the Family Law Act 1975 that commenced on 6 May 2024 revised the framework used when making parenting decisions.

The previous presumption of equal shared parental responsibility was removed. There is also no automatic entitlement to equal parenting time.

When determining a child’s best interests, the Court considers factors including:

1. The Safety of the Child

The Court considers arrangements that promote the safety of the child and the people responsible for their care.

This includes considering any history of family violence, abuse, neglect or relevant protection orders.

2. The Child’s Views

The Court may consider views expressed by the child, taking into account their circumstances and the way those views have been communicated.

A child’s wishes do not automatically determine the outcome.

3. The Child’s Individual Needs

The child’s developmental, psychological, emotional and cultural needs are relevant to deciding suitable arrangements.

4. Each Carer’s Capacity

The Court considers each proposed carer’s ability to meet the child’s needs.

5. Important Family Relationships

The Court considers the benefit of maintaining relationships with parents and other significant people, including grandparents and siblings, where it is safe to do so.

6. Cultural Considerations

Additional considerations apply where a child is Aboriginal or Torres Strait Islander, including the child’s right to enjoy their culture.

Other relevant circumstances may also be considered.

For parents in Mackay and regional Queensland, practical matters such as travel distances, work rosters, schooling and access to services may be relevant to developing suitable arrangements.

How to Apply for Parenting Consent Orders in Australia

Where parents have reached agreement, they can generally apply for consent orders without commencing contested parenting proceedings.

The process involves several important steps.

Step 1: Reach an Agreement About Parenting Arrangements

Parents should discuss the proposed arrangements and consider how they will operate in everyday life.

The agreement should address important matters such as living arrangements, time with each parent, holidays, decision-making and communication.

Family dispute resolution or mediation may help parents reach agreement where appropriate.

Step 2: Obtain Legal Advice

Before submitting proposed consent orders, it is advisable to obtain advice from an Australian family lawyer.

A lawyer can help identify unclear provisions, explain the legal consequences and consider whether the proposed arrangements are practical.

Step 3: Prepare the Required Court Documents

The application generally requires an Application for Consent Orders and a signed copy of the proposed orders.

Additional documents may be required, including documents dealing with child abuse, family violence or other identified risks.

The Court also requires proposed orders in the applicable electronic format.

Step 4: Submit the Application

Applications are generally filed electronically through the Commonwealth Courts Portal, although alternative filing arrangements may be available.

The current filing requirements and any applicable court fees should be checked before lodging the application.

Step 5: Court Consideration

The Court reviews the application to determine whether the proposed orders meet the relevant legal requirements.

For parenting matters, the Court must be satisfied that the proposed arrangements are in the child’s best interests.

The Court may seek additional information or decline to make orders that do not satisfy the legal requirements.

Step 6: Comply With the Approved Orders

If the Court approves the application, the consent orders become legally binding.

Parents should retain copies and understand their responsibilities under the orders.

For assistance with reaching an agreement before applying for consent orders, explore our family mediation services in Mackay.

What Happens if Parents Cannot Agree on Parenting Orders?

Not every separation results in an immediate agreement about parenting arrangements.

Disagreements may involve where children will live, time spent with each parent, schooling, relocation or concerns about a child’s safety.

Where appropriate, parents should first consider options for resolving their dispute outside court.

These may include:

• Direct negotiation between parents, where safe.
• Negotiations assisted by family lawyers.
• Family dispute resolution.
• Mediation and other appropriate dispute resolution processes.

In most contested parenting matters, a person seeking parenting orders must first attempt family dispute resolution and obtain a section 60I certificate, unless an exemption applies.

Exemptions may be available in circumstances involving urgency, family violence, child abuse or other grounds recognised under the legislation.

If an agreement remains impossible, a parent or another eligible person may apply to the Court for parenting orders.

The Court can then determine appropriate arrangements based on the child’s best interests.

Our family lawyers in Mackay can provide advice about parenting disputes, negotiations and available legal pathways.

Can Parenting Orders and Consent Orders Be Changed?

Yes. However, changing legally binding parenting orders is different from changing an informal arrangement.

Children’s needs and family circumstances can change over time.

For example:

• A parent’s employment or working hours may change.
• A child may begin school or develop additional support needs.
• A family may propose relocating to another town or state.
• Existing arrangements may become impractical.
• New safety concerns may arise.

Where all relevant parties agree, they may apply for new consent orders to vary existing arrangements.

In some circumstances, a subsequent parenting plan can affect an existing parenting order. This depends on the order’s terms and the relevant provisions of the Family Law Act.

Where agreement cannot be reached, section 65DAAA generally requires the Court to be satisfied that there has been a significant change of circumstances and that reconsidering final parenting orders is in the child’s best interests.

A parent should not simply disregard an existing court order because their personal circumstances have changed.

Obtaining legal advice before making changes can help reduce the risk of unintended breaches or further disputes.

What Happens if Someone Breaches Parenting Orders?

Because parenting orders and approved consent orders are legally binding, failing to comply with them may have serious consequences.

A contravention may occur where a person intentionally fails to comply with an order or makes no reasonable attempt to comply with it.

The Court may consider the circumstances of the alleged breach, including whether there was a reasonable excuse.

Depending on the circumstances, the Court has a range of powers, which may include ordering participation in a parenting program, making compensatory time arrangements, varying orders or imposing other consequences.

More serious contraventions can attract stronger penalties.

However, enforcement outcomes are not automatic. They depend on the circumstances and relevant legal requirements.

If you believe an order has been breached, keep accurate records and seek legal advice about the appropriate next steps.

If you have immediate concerns about your child’s safety, urgent legal assistance may be necessary.

Parenting Orders and Family Violence

Safety must be a central consideration when deciding parenting arrangements.

Situations involving domestic or family violence may require additional legal protections.

It may not be appropriate or safe for parents to negotiate directly or participate in ordinary joint mediation.

Depending on the circumstances, a parent may need advice about urgent parenting orders, protective arrangements, supervised time or other available safeguards.

Family violence concerns may also provide grounds for an exemption from compulsory family dispute resolution before commencing parenting proceedings.

If you are experiencing family violence or have concerns about your child’s safety, our domestic violence lawyers in Mackay can explain the legal options available.

If you or your child are in immediate danger, call 000.

Common Mistakes to Avoid When Making Parenting Arrangements

Even where parents have good intentions, poorly documented arrangements can create unnecessary uncertainty.

Common issues include:

Using unclear language

Terms such as “reasonable time” or “as agreed” may create disagreements if parents later interpret them differently.

Overlooking school holidays

Arrangements that work during the school term may not adequately address holidays, birthdays or special occasions.

Failing to plan for changing circumstances

Children’s needs can change as they grow, and practical arrangements may require review.

Assuming a parenting plan is enforceable

A parenting plan does not provide the same enforcement mechanisms as a court order.

Ignoring safety concerns

Any history of family violence, coercion or risks to a child should be carefully considered.

Making arrangements without understanding their legal effect

Consent orders can have long-term consequences. Parents should understand the obligations they are agreeing to before seeking court approval.

Thoughtful preparation and appropriate legal advice can help parents establish arrangements that are clear, practical and focused on their children.

How Family Lawyers Mackay Can Help

Navigating parenting arrangements after separation can be challenging, particularly when emotions are high or communication has broken down.

At Family Lawyers Mackay, we understand the importance of making decisions that protect children’s wellbeing while giving parents clarity about their legal responsibilities.

Our family law team can assist with:

• Understanding parenting orders and consent orders.
• Negotiating parenting arrangements following separation.
• Preparing and reviewing parenting consent orders.
• Advising on parenting plans and their legal effect.
• Resolving disputes through negotiation and mediation.
• Applying for parenting orders where agreement cannot be reached.
• Seeking changes to existing parenting orders.
• Advising on alleged breaches of parenting orders.
• Addressing parenting matters involving family violence or safety concerns.

We assist clients across Mackay and the Greater Mackay region, helping families understand their options and work towards practical parenting solutions.

Whether you have recently separated, reached an agreement with your former partner or are dealing with an ongoing parenting dispute, obtaining legal advice can help you make informed decisions.

Contact Family Lawyers Mackay

Phone: (07) 4847 0198

Office: 74 Victoria Street, Mackay QLD 4740

Frequently Asked Questions About Parenting Orders and Consent Orders

1. Are parenting orders and consent orders the same thing?

Consent orders are a type of parenting order made by the Court after the parties reach an agreement. Other parenting orders may be made by the Court following contested proceedings. Both are legally binding once made.

2. Are consent orders legally binding in Australia?

Yes. Parenting consent orders become legally binding once approved and made by the Court. Parties bound by the orders must comply with their terms unless they are lawfully changed.

3. Do I need a lawyer to apply for consent orders?

You are not generally required to have a lawyer to apply for consent orders. However, obtaining independent legal advice is recommended because the orders can create long-term legal obligations.

4. Can parents make consent orders without going to court?

Parents can generally apply for consent orders without attending a court hearing. The application and proposed orders must still be submitted for the Court’s approval.

5. What is the difference between a parenting plan and consent orders?

A parenting plan is a written agreement between parents that is not directly enforceable as a court order. Consent orders are approved by the Court and are legally enforceable.

6. Can consent orders be changed after they are approved?

Yes, but specific legal requirements apply. Parents may agree to seek new consent orders, while a contested application to reconsider final parenting orders generally involves the requirements under section 65DAAA. A later parenting plan may also affect existing orders in certain circumstances.

7. Does a parenting order mean equal time with both parents?

No. Australian family law does not automatically require equal parenting time. Arrangements are determined by reference to the child’s best interests and individual circumstances.

8. What happens if one parent refuses to follow consent orders?

The other party may be able to seek enforcement through the Court. The outcome depends on the circumstances, the terms of the orders and whether any reasonable excuse applies.

9. Do I need mediation before applying for parenting orders?

For most contested parenting applications, family dispute resolution is generally required before filing, unless an exemption applies. An application for consent orders does not generally require a section 60I certificate.

10. Can grandparents apply for parenting orders?

Yes. Under the Family Law Act 1975, grandparents and other eligible people concerned with a child’s care, welfare or development may apply for parenting orders. The child’s best interests remain paramount.

Final Thoughts

Parenting arrangements following separation should provide children with stability, appropriate care and protection while helping parents understand their responsibilities.

The difference between parenting plans, parenting orders and consent orders is important.

A parenting plan may offer flexibility for parents who can cooperate, while consent orders provide legally enforceable arrangements approved by the Court. Where agreement cannot be reached, the Court may determine parenting arrangements according to the child’s best interests.

Every family is different, and the most suitable approach depends on the child’s needs, the parents’ circumstances and any relevant safety concerns.

If you need advice about parenting orders and consent orders in Mackay, contact Family Lawyers Mackay to discuss your situation.