National Legal Hotline

1300 636 846

7am to midnight, 7 days

Call our lawyers NOW or,
have our lawyers CALL YOU

Consent Orders – Children | Family and Divorce Lawyers

The Family Law Act applies in every state of Australia and includes provisions for parents to make an agreement or consent orders regarding the future care of, and access to, their children after separation.

If you and your former partner have reached an agreement you can either make a Parenting Plan or, if you want to make an agreement that is legally binding, you can apply to the Court for Consent Orders.

You should consider getting legal advice on your rights and responsibilities under the law so that you understand the consequences and effects of the agreement you want to make. It is also important that your agreement is written in a way that is clear to you and the other parent and to anyone else who may need to see it, such as the children’s school or day care centre.

A consent order is a written agreement that is filed with the court for approval.

Parenting plans

A parenting plan is a written agreement that sets out parenting arrangements for children. It is not a legally enforceable agreement.  Because it is worked out by both of you, you and your former partner do not need to attend court either to make it or to change it.

A parenting plan can even be used to change a parenting order or a consent order that was made by the court (unless a court has ordered otherwise) if you and your former partner agree.

If you agree to terms in a parenting plan that are different to those in the court order, you cannot rely on the court order terms or complain to the court that the terms have been broken.

Consent Orders

A consent order is a written agreement that is filed with the court for approval. Once the court approves the consent orders they have the same standing as an order made after a Court hearing and if you break a consent order you can be penalised.

Consent orders are usually an agreement between the parents of the children however grandparents and other relatives can also file for consent orders about children who are related to them. The application can be prepared by a lawyer, or by the parents using the Family Court’s Consent Orders kit. It is then filed with the court, together with the filing fee, which is currently $155.00.

What Consent Orders can cover

A consent order is a written agreement that is filed with the court for approval. Once the court approves the consent orders they have the same standing as an order made after a Court hearing and if you break a consent order you can be penalised.

Consent orders are usually an agreement between the parents of the children however grandparents and other relatives can also file for consent orders about children who are related to them. The application can be prepared by a lawyer, or by the parents using the Family Court’s Consent Orders kit. It is then filed with the court, together with the filing fee, which is currently $155.00.

Watch the video below to learn more about consent orders.

Author

Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

Call our lawyers NOW or,
have our lawyers CALL YOU

1300 636 846

7am to midnight, 7 days

Legal Hotline - Call Now 7am to midnight, 7 days