Is a Parenting Agreement Legally Binding?

What is a Parenting Agreement or Consent Order?

A parenting plan or a parenting agreement is a written document that outlines arrangements for the children of the family, when their parents’ relationship breaks down. This avenue is available to all parents, whether you are married, cohabiting or in a civil partnership.  

Section 1 of the Children Act 1989 says that ‘a court must only make a court order for a child if this is better for the child than not making an order’. This principle is also referred to as the ‘no order’ principle. Therefore, parents are always encouraged to agree arrangements rather than have them imposed by the court.  

What are the advantages of a parenting plan? 

They are unique and custom-made for each family; you have the freedom to agree anything from contact schedules to handover locations or when a new partner should be introduced to a child. There is no one size-fits-all approach and it is important to remember that a plan will vary depending on your family’s circumstances and needs.  

Can I amend a Parenting Plan?

You have the flexibility to amend, modify or adapt a plan according to your child, and this may be especially significant as your child grows, changes schools and their schedule is different or your dynamics change.  

This plan is child focused and it alleviates stress from the parents who in the absence of a written agreement may disagree and transfer tension onto the child. Parenting plans are especially successful when parents are able to communicate effectively and in an amicable manner.  

What can be included in a Parenting Plan?

You have the autonomy to negotiate arrangements and include what you would like, the terms are not imposed on you by the court so you can include what is right for you both. This is especially important when your child has a disability, and their needs are complex.  

Is a Parenting Plan Legally Binding?

A parenting plan can become legally binding if drafted by a solicitor and approved by the Court. Such document is then referred to as a Consent Order which if broken or not adhered to, it can be enforced. In the event of a serious breach, the court has the power to hold your partner in contempt of Court, imprison your partner, fine them or have their assets seized. 

If you would like to have a chat about how a parenting plan could help you and your family please contact Marta.T: 01708 333711