After separation, parents need to agree on where children live, how time is shared, and how decisions are made. That agreement can be recorded in different ways, and choosing the right one depends on how much certainty and enforceability you need.
What a parenting plan is
A parenting plan is a written agreement between parents about arrangements for their children. It is flexible and can be updated informally as circumstances change, which suits parents who communicate well and expect their arrangements to evolve. Its key limitation is that it is not legally enforceable — if one parent stops following it, there is no direct enforcement mechanism.
What consent orders are
Consent orders formalise an agreement into an order made by the court, based on what both parents have agreed. Once made, they carry the same legal weight as any other court order and are enforceable if one parent does not comply. Consent orders are generally the better option where parents want certainty, where trust between parents is limited, or where the arrangements are complex.
Choosing between them
Some parents start with a parenting plan and later formalise it as consent orders once arrangements have settled and proven workable. Others go straight to consent orders, particularly where there is a history of disagreement or where one parent wants the security of an enforceable order from the outset. Before applying to court for parenting orders where you cannot agree at all, parents are generally required to attempt family dispute resolution first, except in limited circumstances such as urgency or family violence.
Frequently asked questions
Can a parenting plan later be turned into consent orders?
Yes, this is a common path — many parents formalise a working parenting plan into consent orders once they are confident it reflects a stable, workable arrangement.
What happens if my ex-partner does not follow a parenting plan?
Because a parenting plan is not enforceable, your options are more limited than under consent orders. Depending on the situation, further dispute resolution or moving to formal orders may be the appropriate next step.
See our page on Parenting Arrangements & Child Custody for more detail, or contact WPI Lawyers to discuss your situation.