Consent orders
Parties can file a consent order which is a written agreement that is approved by the Family Court or Federal Magistrates Court in relation to children's issues. A consent order can deal with parenting arrangements between parties for children (also known as a parenting order).
Parties to a consent order will be bound as if the order had been made by a judge following a court hearing. Parties can apply for consent orders without the need to "go to court" or to pay filing fees.
What can be included in a consent order?
The agreement submitted to the Family Court or Federal Magistrates Court by consent may cover one or more of the following:
- Who the children will live with;
- The time the children will spend with each parent and with other people (for example grandparents);
- How the parents share parenting responsibility for the children;
- The communication the children will have with the parent or other people that they do not live with;
- Any other aspect of the care, welfare or development of the children or parenting responsibility for the children.
Prior to approving consent orders, the Family Court must be satisfied that the orders the parents have agreed to are in the best interests of the children.
To find out more, please contact our Family Law team.