Parenting Consent Orders

A cost effective and quick way to formalize parenting arrangements is by way of a Consent Order which is filed in the Family Court of Australia.    

Parents who have separated and enjoy an amicable post-separation parenting relationship can decide on the arrangements for the children between themselves and then have that agreement made legally binding by the Courts so that each parent can be safe in the knowledge that, unless the parties otherwise agree in writing or there is a further order made by the Courts, there will be no arguments as to where the children reside, how much time they spend with the other parent and if, for some reason the children are withheld from the other parent or time suspended, there is recourse to the Courts to enforce the order.

So, when parents are considering what arrangements they would like included in the Consent Order, we encourage parents to:

1.         Be as specific as possible about the frequency, duration and location of any time to be spent by the non-residential parent or communication with the children;

2.         Detail any agreement about the choice of school – both primary and secondary, as well as any particular issue that could arise as the children’s needs change; and

3.         Attempt, as far as possible, to draft the agreement in such a way that it can be relevant for as long as possible so as to avoid the need to review it, or attend mediation if there is a disagreement about a particular term or worse, having to be involved in litigation.

Every family is different, so our task as family lawyers is to shape and mould the Consent Order into one which suits each family’s circumstances but always having regard to what is in the best interests of the children.

For this reason, we strongly encourage people to seek advice before entering in a Consent Order so as to ensure that it meets all of their expectations.