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What Is A Consent Order?
In Australian family law, parties can make written agreements about things such as parenting arrangements, property and spousal maintenance. It can also regard 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 daycare centre.
Understanding A Consent Order For Children In Australia
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 $170.00.
It’s not only parents who can apply for parenting consent orders. Anyone concerned with the care, welfare and development of a child can apply, provided that the other party consents. For example, grandparents may apply for consent orders for children.
What Consent Orders Can Cover
A court can usually make orders about whatever is in the parenting plan. However, it must be satisfied that making the orders is in the children’s best interests and that there are proper arrangements to meet their needs. If the court isn’t satisfied, it may ask the parties to make further provisions to produce more proof, or it may refuse to grant the orders.
Typically, a court will make orders about:
• Where and with whom the children live, or how they will divide their time between the parents (or grandparents, or anyone else responsible for their care, welfare and development)
• Child maintenance (if child support payments are not already being collected)
• Other issues concerning the children’s day-to-day care, welfare and development: For example, religion, education, and other activities.
If there is a history of or risk of child neglect, family violence or abuse, you must provide a special notice to the Court. If you are seeking something other than equal shared parental responsibility, you will need to convince the court that your agreement is in your children’s best interests.
How Long Will A Child Consent Order Last?
The duration of a consent order for children is the same as a parenting order: it lasts until the child (or each of the children) either:
• Turns 18 years old; or
• Starts a de facto relationship; or
• Is adopted by someone else (although if a step-parent adopts the child, the orders won’t change).
A party to the order can also apply to change it, although a court can be reluctant to make any changes unless each party consents. It would usually only vary an order if there’s a significant change in circumstances.
Hire The Best Lawyer in Sydney Who Cares About Your Needs
Different states and territories in Australia have different rules, regulations and laws regarding parenting plans and consent orders. It is a good idea to check with your local family law office if you have questions or concerns. Our family lawyers are amongst some of the best in Sydney, who will take the time to listen to your concerns and work with you to determine the best way forward.
At JCL Legal, we consider your whole situation and take the time to understand your feelings and your needs. Contact us now and talk to one of the best Sydney lawyer!
sources: eastcoastlaw.com.au, gotocourt.com.au, unifiedlawyers.com.au
