When parents of children separate it must be decided how the children will be cared for. Both parents are responsible for the care and welfare of their children until the children reach 18. Any arrangements involving children are made with consideration as to what is in the best interests of the child.

When parents have made arrangements relating to parenting issues there are several ways that the agreement can be recorded. The two most popular ways are:

• Parenting Plan
• Consent Orders

A parenting plan is a written agreement that sets out parenting arrangements for children. It is worked out and agreed to by the parties and may be done with the help of someone like a mediator or a family counsellor. You do not need to go to court to make a parenting plan.

Parenting plans deal with a wide range of parenting issues ranging from who the children will live and spend time with to what school they will go to and how much pocket money they will get.

A parenting plan is not legally enforceable. Only orders made or approved by a court are enforceable. If there is a chance that someone will not keep to the agreement in the parenting plan then consent orders should be obtained.

The process of making a parenting plan can also form part of the Compulsory Dispute Resolution process. In most cases the Compulsory Dispute Resolution process is required to be undertaken prior to going to court and having your matter decided by a judge.

Consent orders are a written agreement that is approved by a court. Consent orders can be made without going to court. Even though the parties do not go to court consent orders have the same legal force as if they had been made by a judge after a court hearing.

Consent orders are enforceable. This means that a court can be asked to take action against a person who has not followed the orders. Consent orders only deal with certain important issues relating to parenting such as who the children will live and spend time. They are more limited in scope than parenting plan because they are enforceable.

You do not need to undertake the Compulsory Dispute Resolution process if you are seeking consent orders. It is common however that during the Compulsory Dispute Resolution a parenting plan is agreed to. The main elements of the parenting plan can then be made into consent orders. The two documents then form the basis on the parenting agreement. This is not to say that both documents are required; parties can choose between the parenting plan, the consent orders or both.

Contact Fabian Horton if you need more information or help with preparing a parenting plan or consent orders.