What are the advantages of Consent Orders over a parenting plan?
What are the advantages of Consent Orders.
A parenting plan consists of a written agreement between two people after they have attended mediation through a family relationships center. The agreement outlines the future care arrangements for a child or children of the relationship, which is signed by both parties. However, a parenting plan is not legally binding and cannot be enforced by a court. In many cases, these documents are not properly drafted and cannot be enforced, even if a court were to give one consideration.
An Order relating to parenting matters will often contain similar provisions as a parenting plan, however, the Orders are drafted in a way that enables them to be enforced by court if that is the case. Additionally, because the court made the agreement into an Order, it is legally binding and enforceable, unlike a parenting plan.
A parenting plan which reflects the future parenting arrangements for their children is often prepared at a family relationships center. After that, they take the document to a family law solicitor, who can then draft it in a way that the court will accept, and make Orders in accordance with it. Most good lawyers are able to include the majority of the material from a parenting plan into a Minute of Order for the court to consider, however there are many matters that are often included in parenting plans that cannot be included in parenting consent orders. If you have been to a Family Relationships Centre and reached an agreement with your former partner – often no small accomplishment – having court Orders made that reflect your agreement will provide you both with peace of mind in the future and cement what you have agreed to.
The parenting plan cannot be relied upon if one party decides that they will no longer adhere to it, while a court order must be followed, and changing circumstances do not enable one party to change the terms of the Order or refuse to follow it, unless agreement is reached between the parties.
If you have any questions in relation to What are the advantages of Consent Orders over a parenting plan? or consent orders please contact us to discuss your proposed agreement. We provide an instant quote for your agreement online that is fixed and includes all aspects of the documentation and submission process. General information about Kate Austin Family Lawyers can be found on our home page or if you would like information about our story or Rachel and Brendan there are links on our home page.
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This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.
