Parenting Agreements vs Consent Orders - What's the Difference?

When couples separate, they are strongly encouraged to attend mediation to resolve their disputes without going to court. If successful, this process typically results in a signed Parenting Plan or Mediation Agreement.

However, many people wrongly assume that because the agreement was signed in front of a professional mediator, it is legally binding.

The Problem with Parenting Plans

A parenting plan is essentially a written record of your intentions at that time. It is not a legally enforceable court order.

If your ex-partner decides to stop paying their agreed share of private school fees, or stops providing agreed child support, or suddenly changes the custody arrangement, you cannot call the police or send a debt collector to enforce a Parenting Plan. The agreement is entirely voluntary.

Why You Need Consent Orders

To give your agreement legal teeth, it must be formalised into Consent Orders.

A family lawyer will take the terms agreed upon in your mediation and draft them into formal legal language. These drafts are then filed with the Federal Circuit and Family Court of Australia. A registrar will review the orders to ensure they are fair and in the best interests of the children. Once stamped by the court, they become just as binding as if a judge had made the decision after a trial.

• Enforceability: If a party breaches a Consent Order by failing to pay money, they are in breach of a Federal Court order, and their wages or assets can be garnished or seized.
• Cost-Effective: Drafting Consent Orders costs a fraction of what taking a matter to trial would cost.

Child Support Agency Trumps Private Agreements

It is important to remember that you cannot contract out of the Child Support Agency (CSA). Even if your mediation agreement states that neither party will apply for child support, the primary returning parent retains the absolute legal right to contact Services Australia and request an administrative assessment. The law places a child’s right to financial support above the parents’ private contracts.

Read More: When a Parenting Agreement Goes Bad: Withholding Money and Enforcement Options

If you have reached an agreement and want to ensure it is legally binding, contact our Family Law team today .

Liability limited by a scheme approved under Professional Standards Legislation. This FAQ provides general legal information and is not specific family law advice.