Parenting Plan Vs Consent Order - Which Is Best For Your Divorce?
The divorce process is quite difficult when children are involved, so you and your former partner likely want to ensure that the change is not traumatic to the kids. One of the ways of doing this is by establishing what each parent's responsibilities will be in regards to the care of the kids and create an arrangement that you will both stick to. While this may sound easy in theory, the reality is that it can be a complicated process, especially if your partner is not cooperating. Hence, you have the option of either coming up with a parenting plan or a consent order, depending on the current state of the relationship as you go through the divorce process. So how do you know what you need?
What is a parenting plan?
A parenting plan is simply a document outlining arrangements that you and your former partner have come up with and are willing to adhere to. Since this document is informal, it is best written by individuals that are still on good terms, as this will make it easy for you two to come to a compromise so that you are both happy with the final document and are willing to adhere to it. If there are a few matters that you cannot agree on, you could enlist the services of a family counsellor who can help you both work through them and come to an understanding. A major advantage of opting for a parenting plan is that it can be quick and efficient if you are your spouse are in consensus on a majority of decisions regarding custody, child support and so on. Nonetheless, a parenting plan is not legally enforceable. Therefore, if you and your ex fall out down the road, you would have to draw up a consent order.
What is a consent order?
A consent order is a formal, legally enforceable document outlining the responsibilities each parent will have regarding the raising of your children while you and your spouse go through the process of terminating your union. Although consent orders are usually associated with couples that are at loggerheads, you can choose to have this drawn up in court if you want to ensure that your former spouse will respect the agreement. It is vital to have a divorce lawyer represent you during the filing of the consent order so that the court considers your wishes. You should note that if any of you are to breach the conditions of the consent order, the aggrieved spouse could take legal action by applying to the courts to have the consent order imposed.
To learn more, contact a divorce lawyer.
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