Parenting orders
Parenting orders are not parenting plans
An order is something a family court makes. A plan is something parents (or other carers) write, sign and date. Mixing the two words is how people think a text message is “already court”.
At a glance
Citeable facts, not slogans
- Order
- Made by a family court
- Plan
- Written, signed, dated — not an order
- 60I
- FDR certificate often needed before filing
- Consent
- Orders can be made by consent if the court is satisfied
A parenting order is an order of a family court about a child. It can deal with who the child lives with, the time they spend with another person, communication, and aspects of parental responsibility. It can be made after a hearing or, in many matters, by consent if the court is satisfied it is appropriate.
A parenting plan is not that. It is a written, signed and dated agreement. It can be a useful, flexible record. It is not enforceable as a court order. Read the plain-English comparison: parenting plan versus orders.
Getting to an application
Most parenting applications need a section 60I certificate unless an exception applies. Filing is generally in the FCFCOA. Gold Coast residents should not treat Southport Courthouse as the family-law counter for this file.
Consent is still a court process
“We agree” is not the same as “the court has made an order”. Consent orders have formalities. A plan you both like can be a step toward consent orders; it is not automatically one. A lawyer can tell you whether converting an agreement is worth the formality in your facts. This site cannot.
Contravention and change
Orders can be varied. They can also be the subject of contravention applications if someone does not comply. Those are technical, fact-heavy processes. We do not publish a “how to win a contravention” guide, because that would be invented strategy.
Best interests still govern
Even when parents agree, the court is not a rubber stamp for a deal that ignores a child’s safety or the statutory framework. That is a feature of the system, not a Gold Coast quirk.
This website publishes general information about Australian family law, with a Gold Coast and Queensland local lens. It is not legal advice, is not a substitute for advice from a qualified lawyer, and does not create a solicitor–client relationship. Family law is fact-specific. Statutes, court rules and agency processes change. Confirm current requirements with official sources and obtain personalised advice before you act.
Questions
Direct answers first
What is the difference between parenting orders and a parenting plan?
A parenting plan is a written, signed and dated agreement about the care of children. It is not a court order. A parenting order is made by a family court and is enforceable as an order. You can sometimes ask a court to make consent orders that reflect an agreement — that is still a court process, not a DIY stamp.