Parenting Plan or Consent Orders? Which is the better option for you?

The breakdown of a relationship can be difficult to manage, particularly when children are involved. On top of the emotional factors that come into play, separating parents should first consider the best interests of the child, and ensure that the child’s interests precede any interest that either parent may have.

If separating parents reach an agreement on the future care arrangements for their children, they do not have to go through the often lengthy and expensive Court litigation process. Instead, separating parents can finalise their agreement by entering a parenting plan or obtaining consent orders. It is important to be aware of the significant differences between the two options.

What is a Parenting Plan?

A parenting plan is a written agreement specifying parenting arrangements for the children. It can be negotiated between the parents themselves or with the assistance of a family dispute resolution practitioner or a lawyer. There is no formal precedent that separating parents need to comply with.

Whilst a parenting plan is a cheap and quick option, in most cases a parenting plan is not legally enforceable. This means that if a parent does not to comply with the parenting plan, the other parent will not be able to rely on the arrangements and have the Court enforce the agreed terms of the parenting plan.

What is a Consent Order?

Separating parents can apply to the Court for orders to be made by agreement called consent orders. The Court considers the application and makes the consent orders in relation to parenting arrangements if deemed in the best interests of the child. This is not an expensive process.

Once a consent order is made by the Court, it is legally binding and enforceable, and each parent must comply with the terms set out in the consent order. A parent risks facing a penalty imposed by the Court if they are in breach of a consent order.

Not all relationships are the same. There may be unique factors at play that will determine which course of action will be best to establish a parenting arrangement. Contact Indus Lawyers today for a confidential discussion on taking the next step.