What is a parenting plan?
A parenting plan is a document created by both parents (often with help from mediation) that sets out practical arrangements for the children. It typically covers:
- Where the child will live and the pattern of time with each parent
- Arrangements for handover and transport
- Holidays and special occasions
- How major decisions about education, religion, and medical care will be made
- How ongoing communication between parents will work
- How disagreements will be resolved
It is a practical document created cooperatively, not imposed by a court.
Parenting plans vs court orders
| Parenting Plan | Child Arrangements Order | |
|---|---|---|
| Created by | Parents, often with mediation | Court (or agreed by both parents and sealed by court) |
| Legal status | Not legally binding (unless court has sealed it) | Legally binding and enforceable |
| Flexibility | Easy to change if parents agree | Must apply to court to change formally |
| Enforcement | Limited — relies on goodwill | Full — court can enforce via contempt proceedings |
| Cost | Usually low (mediation costs) | Court fees and potentially solicitor costs |
| When it works | When parents cooperate and trust each other | When enforceability is important or parents cannot agree |
When parenting plans work
Parenting plans work best when:
- Both parents are committed to agreement and ongoing cooperation
- The parents can communicate respectfully about the children
- There is no domestic abuse or significant power imbalance
- The parents' circumstances are relatively stable
- The family can tolerate some flexibility when circumstances change
Parenting plans work when parents are committed to cooperation and can communicate about the children's needs.
Can a parenting plan be made binding?
Yes. If both parents agree on the terms in the parenting plan, you can ask the court to seal it as a consent order (a child arrangements order). Once sealed by a judge, it becomes legally binding and enforceable like any other court order. This gives you the best of both worlds: a plan created cooperatively but with the enforceability of a court order.
What if one parent breaches the parenting plan?
If the plan is not sealed by the court, you have limited remedies. You can:
- Try to resolve it through discussion or mediation
- Apply to court for a formal child arrangements order if the breach is serious and ongoing
This is why many families prefer to seal parenting plans as consent orders — it gives you legal recourse if things break down.
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