Introduction

When a couple with children gets separated, both the parents have the right to obtain a parenting plan or a parenting order in Alberta. The parenting plan and the parenting order aim to set out proper arrangements for the children and their futures.

So the separation of the couple does not hamper the best interests of the children. Among these two options, a parenting order is court-mandated and must be followed as ordered, whereas a parenting plan is a less formal option.

This article aims to explain the difference between a parenting plan and a parenting order and inform you about the things you need to know about them.

Parenting Plan

A parenting plan is a written agreement that does not require a standard form of preparation but is dated and signed by legal guardians. As there is no requirement of traditional formalities and preparation, it is comparatively very easy to execute.

A parenting plan usually addresses a wide variety of issues.  These issues include the child’s living arrangements, allocation of parental responsibility, contracts for special days, the child’s healthcare decisions, welfare, and child development.

These issues are advised to be addressed realistically, keeping in mind that these arrangements will work best for your child. It is also wise to include events for changing the plan and resolving any arguments about its terms.

It is advisable to include a section about when the parties will revisit and review the parenting plan. This is because what is best for the children today may or may not be best for them in a couple of years, especially if they are very young when the plan is made.

As already mentioned, a parenting plan is less formal and cannot be legally enforced. Nevertheless, if the case goes before the court, the court will keep the terms of the latest parenting plan in mind while forming parenting orders.

It is also essential to remember that parties can agree to alter arrangements in a parenting order by agreeing to a succeeding parenting plan according to the situation.

It is also a good idea if the parties can get individual legal advice about their parenting plan to ensure that all the issues are addressed adequately. This will also help each party determine the benefits and shortcomings of using a parenting plan instead of parenting orders.

Parenting Order

A Parenting Order is an order made by the court in charge of relevant care measures and matters to do with children. Parenting orders after a trial may be decided by the consent of the parents or legal guardians or by a Judge where parties involved could not agree.

Parenting Orders can be as wide-ranging and comprehensive, and they can also be as flexible and straightforward as you like. Parenting orders generally provide for a default position if neither of the parties involved can reach an agreement.

Like parenting plan, parenting order also includes issues like which parent the children will live with and for how long, allocation of parental responsibility, contracts for special days, the child’s healthcare decisions, etc. That being said, as the court authorizes it, the words and terms used in parenting orders are much more formal than in a parenting plan.

It is essential to understand that sanctifying parenting plans as orders does not mean it requires commuting to the court or that the process is expensive. On the contrary, unless any family court proceedings are already taking place, the orders can usually be made without the parties being physically present in the court.

Key Differences Between Parenting Plans and Parenting Orders

So if we have to point out the significant differences between parenting orders and parenting plans, they will be-

• Parenting orders are sanctioned by a court. Therefore, If one party doesn’t comply with the orders, the other party can apply to the relevant court to enforce the orders. On the other hand, as parenting plans are not sanctioned by a court, they cannot be legally enforceable if one party does not comply with the agreement.
  
• Having parenting orders can sometimes be more affordable than using a parenting plan in the long term, as once it is sanctioned, it is more official.
  
• A parenting order is simply an authorized, formal form of parenting plans where both parties follow the court’s order as they failed to reach a consensus in a less formal agreement.

Conclusion

To sum it all up, both parenting plans and parenting orders are formed to ensure that the children get what is best for them despite their separation. Both of them are developed and reformed according to the needs of the children.

Hopefully, this article has clarified the difference between a parenting plan and a parenting order and informed you about the things you need to know about them successfully.

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See also: an app that helps parents create parenting plans at: https://www.custodyxchange.com/