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C100 - Parenting Plan, Consent Order....or both???

My partner and I are separating, amicably, and wish to legally formalise a shared custody arrangement using a C100 form. We have prepared our Parenting Plan but something is confusing me.
The C100 asks on the first page if we "wish to formalise an agreement (consent order)?" and asks that a draft consent order be attached. Later, and quite separately, it asks if we have a Parenting Plan and that we attach that. Advice online on filling in this form seems to say we do not need to tick yes on that first question, yet advice on formalising a Parenting Plan says that a formalised version of a Parenting Plan IS a Consent Order!

Basically I am asking, if I say "no" to the consent order question, does that still legally reinforce the Parenting Plan I will still attach, and if I say "yes" to the consent order question, do I need to prepare a separate draft consent order alongside the Parenting Plan, or are the two things the same meaning I can tick yes and attach the single Parenting Plan?

Comments

  • IANAL but having been through the process I think the parenting plan is basically just the agreement of who does what and when whereas the consent order is the legal court order that the judge approves. 

    Do you have a solicitor? Or are you both representing yourself? 

    If you can go to a solicitor and have them draft the order for you based on your parenting plan then submit that to the court that is probably the quickest and easiest route. 

    I'm not quite sure what happens if you go to the court with just the parenting plan as presumably someone still has to write a court order for the judge to sign off on. Whether a judge will do that himself I'm not sure. Possibly. 

    If you don't want to engage a solicitor then say no to the consent order and yes to the parenting plan and then let the court guide you on what to do. 

    I'm sure it will work out either way provided you are both in agreement on what the content of the order should be
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My partner and I are separating, amicably, and wish to legally formalise a shared custody arrangement using a C100 form. We have prepared our Parenting Plan but something is confusing me.
    The C100 asks on the first page if we "wish to formalise an agreement (consent order)?" and asks that a draft consent order be attached. Later, and quite separately, it asks if we have a Parenting Plan and that we attach that. Advice online on filling in this form seems to say we do not need to tick yes on that first question, yet advice on formalising a Parenting Plan says that a formalised version of a Parenting Plan IS a Consent Order!

    Basically I am asking, if I say "no" to the consent order question, does that still legally reinforce the Parenting Plan I will still attach, and if I say "yes" to the consent order question, do I need to prepare a separate draft consent order alongside the Parenting Plan, or are the two things the same meaning I can tick yes and attach the single Parenting Plan?
    No,  if you are only doing one, do it the other way round - you are asking for a consent order so you attach consent order, which doubles as the parenting plan.

    That said, an order is generally much less detailed so if there are things you want to include, such as detailed arrangements about sharing information, etc , it may be helpful to have both.

    An order would usually set out who the children would live with, when they will spend time with the other parents, and sometimes things such as recording that each of you has permission to take them out of the country for holidays during school holidays subject to providing travel details to the other. 

    IF things are amicable, you normally don't need an order at all, is there a reason why you feel it is necessary? Normally in that situation you would just have a written agreement between the two of you if you want a record of what's been agreed.  (There is a 'No order principle' in the Children Act which broadly says that the court shouldn't make an order unless it's necessary and that they should then make the least intrusive order needed, so if things are amicable the court may push back and question whether any order is needed. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • TBagpuss said:
    My partner and I are separating, amicably, and wish to legally formalise a shared custody arrangement using a C100 form. We have prepared our Parenting Plan but something is confusing me.
    The C100 asks on the first page if we "wish to formalise an agreement (consent order)?" and asks that a draft consent order be attached. Later, and quite separately, it asks if we have a Parenting Plan and that we attach that. Advice online on filling in this form seems to say we do not need to tick yes on that first question, yet advice on formalising a Parenting Plan says that a formalised version of a Parenting Plan IS a Consent Order!

    Basically I am asking, if I say "no" to the consent order question, does that still legally reinforce the Parenting Plan I will still attach, and if I say "yes" to the consent order question, do I need to prepare a separate draft consent order alongside the Parenting Plan, or are the two things the same meaning I can tick yes and attach the single Parenting Plan?
    No,  if you are only doing one, do it the other way round - you are asking for a consent order so you attach consent order, which doubles as the parenting plan.

    That said, an order is generally much less detailed so if there are things you want to include, such as detailed arrangements about sharing information, etc , it may be helpful to have both.

    An order would usually set out who the children would live with, when they will spend time with the other parents, and sometimes things such as recording that each of you has permission to take them out of the country for holidays during school holidays subject to providing travel details to the other. 

    IF things are amicable, you normally don't need an order at all, is there a reason why you feel it is necessary? Normally in that situation you would just have a written agreement between the two of you if you want a record of what's been agreed.  (There is a 'No order principle' in the Children Act which broadly says that the court shouldn't make an order unless it's necessary and that they should then make the least intrusive order needed, so if things are amicable the court may push back and question whether any order is needed. 
    I'll be honest, I want to take advantage of the amicability now to cement arrangements in case things sour later.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    TBagpuss said:
    My partner and I are separating, amicably, and wish to legally formalise a shared custody arrangement using a C100 form. We have prepared our Parenting Plan but something is confusing me.
    The C100 asks on the first page if we "wish to formalise an agreement (consent order)?" and asks that a draft consent order be attached. Later, and quite separately, it asks if we have a Parenting Plan and that we attach that. Advice online on filling in this form seems to say we do not need to tick yes on that first question, yet advice on formalising a Parenting Plan says that a formalised version of a Parenting Plan IS a Consent Order!

    Basically I am asking, if I say "no" to the consent order question, does that still legally reinforce the Parenting Plan I will still attach, and if I say "yes" to the consent order question, do I need to prepare a separate draft consent order alongside the Parenting Plan, or are the two things the same meaning I can tick yes and attach the single Parenting Plan?
    No,  if you are only doing one, do it the other way round - you are asking for a consent order so you attach consent order, which doubles as the parenting plan.

    That said, an order is generally much less detailed so if there are things you want to include, such as detailed arrangements about sharing information, etc , it may be helpful to have both.

    An order would usually set out who the children would live with, when they will spend time with the other parents, and sometimes things such as recording that each of you has permission to take them out of the country for holidays during school holidays subject to providing travel details to the other. 

    IF things are amicable, you normally don't need an order at all, is there a reason why you feel it is necessary? Normally in that situation you would just have a written agreement between the two of you if you want a record of what's been agreed.  (There is a 'No order principle' in the Children Act which broadly says that the court shouldn't make an order unless it's necessary and that they should then make the least intrusive order needed, so if things are amicable the court may push back and question whether any order is needed. 
    I'll be honest, I want to take advantage of the amicability now to cement arrangements in case things sour later.
    The issue with that is that orders about children are never set in stone, the arrangements that are right for them now may not be right for them in a year or 18 months, as their needs change over time, and changes in the circumstances of either you or your ex might also mean that you wanted or needed to review and amend the arrangements.

    A written agreement setting out the current agreement would still be relevant as evidence of what was agreed, and indeed what had been happening, if one of you later wanted to make changes or the relationship soured, but it would not be binding, and if it were in the form of an order either of you could apply back to the court to vary it if the situation changed. 

    If you do go down the route of applying for a consent order be prepared to have the court ask you to justify why an order is needed if things are currently agreed and amicable. Unless there is a history of problems or inability to keep to arrangements then they may take the view that an order is unnecessary
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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