Consent orders
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If you have separated and you and the other parent agree about the future parenting arrangements for your children you do not need to go to court to formalise your agreement.
You can write your agreement either in the form of a parenting plan or a consent order.
What is the difference between a parenting plan and consent order?
A parenting plan sets out parenting arrangements for the children but does not cover property settlement or spousal maintenance.
A parenting plan does not need to be on any special form, a piece of paper is OK. A parenting plan must be in writing, signed and dated but you do not need to have the parenting plan witnessed.
A parenting plan is also different to the consent order, in that you do not need to file it in the court registry. A parenting plan is not legally enforceable, but if a parenting plan is created after a consent order, the parenting plan will take precedence over the earlier consent order.
A consent order must be on a special form which is available from the court - Application for consent orders. It must be signed, dated and witnessed and filed in the court to have legal effect.
What things do I need to remember when completing a consent order?
You need to complete the consent order on an approved court form and attach the proposed orders. The consent order must be signed, dated and witnessed by a justice of the peace or a lawyer. Consent orders kits are available free of charge from the Family Court of Australia.
Although you do not need a lawyer to complete the consent order document, you should get legal advice before filing this document in court.
To file the consent order you can send it to your local magistrates court registry or the family law courts registry. The consent order kit from the family court will give you information about how you complete this process. There is no fee charged by the court to file consent orders.
If the court agrees to make the arrangements you propose, a court seal is then placed on the consent order documents to show that is has been approved by the court. You and the other parent will get a copy of these documents for your records.
As consent orders are legally enforceable, they can only be changed by a further consent order, parenting plan or by a court order.
It is best to get legal advice about your options before signing any parenting plan or consent order.