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Parenting

Parenting Plan vs Consent Orders: Which Do You Need?

Understanding the difference between a parenting plan and consent orders, and when to use each option for your family.

Splitifi Team14 December 20247 min read

The Two Options

Parenting Plan

A written agreement between parents about arrangements for children. Not legally enforceable.

Consent Orders

Court orders that both parents agreed to. Legally enforceable.

Key Differences

FeatureParenting PlanConsent Orders
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Legally bindingNoYes
Enforceable in courtNoYes
Easy to changeYesNeed agreement or court
CostFreeFiling fee + possibly legal costs
FormalityFlexibleStrict format

When to Use a Parenting Plan

Good For:

- Amicable co-parents

  • Flexible arrangements
  • Evolving situations
  • Low conflict
  • Trial arrangements

    Advantages:

    - Free

  • Quick to create
  • Easy to modify
  • Flexible wording

    Risks:

    - Not enforceable

  • Can be ignored
  • May cause uncertainty

    When to Use Consent Orders

    Good For:

    - Needing certainty

  • History of conflict
  • One parent not cooperating
  • Complex arrangements
  • Protection of arrangements

    Advantages:

    - Legally enforceable

  • Clear expectations
  • Court backs you up
  • Harder to unilaterally change

    Risks:

    - Costly to change

  • Less flexible
  • Takes time to obtain

    Can You Have Both?

    Yes. Many families start with a parenting plan and later convert to consent orders if needed, or have consent orders for basics and a parenting plan for details.

    What to Include

    Both should cover:

  • Where children live
  • Time with each parent
  • Holidays and special days
  • Handover arrangements
  • Communication methods
  • How to resolve disputes
  • Schooling decisions
  • Medical decisions

    Making the Decision

    Choose Parenting Plan If:

    - You trust your co-parent

  • Things are amicable
  • You want flexibility
  • Children's needs are changing rapidly

    Choose Consent Orders If:

    - You need enforceability

  • There's been non-compliance
  • You want certainty
  • Conflict is likely
  • Ready to Take Action?

    Use our free tools to understand your situation and plan your next steps.

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