Parenting Plan, Consent Order or Parenting Order - Which do I Need?

A key issue for many parents who separate is how to co-parent, particularly when communication is at an all-time low (and emotion at an all-time high).

The law does not require separated parents to have a written agreement regarding their children.  Some parents separate amicably and manage arrangements without the need for anything in writing.  However, most people require something more formal and there are different options to choose from, each with their own pros and cons. 

So, what are Parenting Plans, Consent Orders and Parenting Orders anyway? 

A Parenting Plan is a voluntary agreement signed by both parents that sets out agreed parenting arrangements, such as:

·        where the children live;

·        who they spend time with and when;

·        what happens on special occasions;

·        how decisions about major long-term issues (such as education) are made.

The main pros of a Parenting Plan are:

·        Personalised: it can be as simple or as detailed as the parents need it to be.

·        Flexible:  there is no set format and changes can be made easily if both parents agree.

·        Cost: far cheaper than going to court.

The main con: it is not binding.  The terms cannot be enforced against a parent who fails to comply so it is only effective if both parents follow it.

A Consent Order is like a Parenting Plan in that it reflects the parents’ agreed terms, but it has been formally approved by a court.  

The key benefit: asking the court to approve the agreement means that it is legally binding on both parents.

Some drawbacks:

·        Cost: it must follow a specific format which usually means engaging a lawyer.

·        Less Flexibility: it is more formal and may not include the detail that could be included in a Parenting Plan.

A Parenting Order is sought when parents cannot reach their own agreement and a Judge is required to make orders following a court hearing.  It is legally enforceable (unless the parents later agree to replace all or part of it with a Parenting Plan).

The main pro is that it is legally binding.  The downside:

·        Time / Financial cost: going to court is expensive and the process can be slow.

·        Emotional Cost: parents face examination and cross-examination in front of a judge.

·        Control: parents must comply with the orders made by the court, even if they do not agree.

The right choice depends on the parents’ ability to communicate and prioritise their children’s interests.