Consent Orders

 

How to Apply For Consent Orders

If you have a parenting plan through an accredited family dispute resolution practitioner, you can apply for consent orders.

 

Although you are advised to get independent legal assistance to turn Parenting Orders into Consent Orders you can do it yourself. Applications for Consent Orders form can be downloaded by going to www.familylawcourts.gov.au

For some separated couples, turning agreements reached in mediation sessions (otherwise known as a Parenting Plan) into a legally binding document is their preferred option.

These couples will need a Certificate 60I issued to them by the Family Dispute Resolution Practitioner before applying to the court to turn their Parenting Plan into a Consent Order.

You can apply to the Court directly or ask your lawyer to formalize the agreement into a legally binding consent order. 

The term 'consent order' means that each parent has agreed to the contents of the order. Once made, consent orders are legal documents and must be complied with. 

 

Changing an existing Consent Order

 If, after a reasonable period, either party wants changes made to their existing consent order, they can, as before, approach a Family Dispute Resolution Practitioner and ask for a review on the current arrangements. 

The same process will occur in that the Family Dispute Resolution Practitioner will request the other party to attend mediation sessions to review existing arrangements. Any changes made to the existing Consent Order will mean that both parties will once again have to apply to the court to turn the new Parenting Plan into a Consent Order. 

Yours and your children's needs and circumstances will change over time so it is a good idea to include a review date in your Parenting Plan or Consent Order. 

 

How often should you get Consent Orders reviewed?

For infants to 4 years of age - every 6 to 12 months

For children aged between 4 and 12 years of age - every 12 months

For children 12 - 18 years of age - every 4 years or as required.

***** Please note that these are recommendations only *****