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How Does Consent Order Differ From Parenting Plan? from advancefamilylaw's blog

Binding Financial Agreement



The Australian Family Lawyers Gold Coast courts are overwhelmed with a huge backlog of cases that it is better to look for an out of court settlement wherever possible. 


Under the scenario, these numbers are unlikely to come down. This is the reason why the family lawyersin Gold Coast and in other parts of Australia are promoting negotiations over filing in the court. 


One of the most common cases in the court is child custody or finding an amicable parenting plan between the separating partners. This leads to the matter of understanding the difference between a consent order and a parenting plan.  


Negotiations, consent orders, and parenting plan


Whether it is the consent order or parenting plan, the primary step involves negotiations between the parties concerned. The end result of either of these is that the parents have come to a conclusion on the parenting arrangement for their children. 


The only thing that differentiates between these two is that the consent order, as the name suggests, is a legally bound agreement approved by the court. On the other hand, the parenting plan is just a mutually agreed, documented, and signed agreement between the parents after seeking legal advice under family law.  


Consent Orders


As mentioned, a consent order is the agreed and court-approved document that enforces the legal rights of each parent over the minor concerned. Although it is legally bound, the parents need not place a formal application in the court.


It is just an informal agreement that has legal validity that could be used as a valid document in the court later if needed.  Even though there need not be an application for the same, consent orders come with a fee that needs to be paid to the court. This could be done in Gold Coast through any family law solicitor. 


Parenting Plan


This is also an informal agreement between the parents regarding child support and management but it does not have a legal stamp to it. A parenting plan is just a way to ascertain the arrangements that are agreed upon by both parties. 


It is valid for as long as both parties are agreeable, without any legal binding. A change or breach in the terms is neither legally questioned nor enforced by anyone. In order to make any changes, they will have to re-negotiate and come to an understanding once again.


Which is the best option?


A parenting agreement is not something that is one-size-fits-all. It differs from case to case. If the parties concerned are on agreeable terms, then a simple parenting plan should be sufficient. If one of the parties is volatile, it is better to have legal backing so that there is a breach and the parties are accountable. So the free family law advice is to seek legal opinion and proceed carefully. 


Visiting the Advance Family Law online portal at Advancefamilylaw.com will give a general idea of what types of legal assistance that they provide. They handle all aspects of Logan Family Lawyers and disputes. 


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