Splitifi AustraliaAU
Parenting

Consent Orders for Parenting: Complete Guide

How to get court orders for parenting by agreement. The application process, what to include, and getting court approval.

Splitifi Team17 November 202410 min read

What Are Parenting Consent Orders?

Court orders about children that both parents have agreed to. They're legally binding and enforceable.

Why Use Consent Orders?

Advantages

- Enforceable (unlike parenting plans)

  • Court backs up your agreement
  • Clear and legally certain
  • Can include property orders too

    Compared to Parenting Plans

    FeatureParenting PlanConsent Orders
  • ----------------------------------------
    Legally bindingNoYes
    EnforceableNoYes
    FlexibleYesLess so
    CostFreeFiling fee

    What to Include

    Parental Responsibility

    Who makes major decisions (usually shared unless issues arise).

    Living Arrangements

    Where children primarily live.

    Time Arrangements

    - Regular schedule

  • School holidays
  • Special occasions (birthdays, Christmas, etc.)
  • Communication when with other parent

    Changeover Details

    - Where, when, who does drop-off/pick-up

    Other Matters

    - Schooling

  • Religious upbringing
  • Medical decisions
  • Travel (domestic and international)
  • Passport arrangements

    The Application Process

    Step 1: Reach Agreement

    Both parties must agree on all terms.

    Step 2: Draft Orders

    In the correct legal format. Consider getting legal help.

    Step 3: Complete Application

    - Application for Consent Orders form

  • Proposed orders
  • Parenting questionnaire

    Step 4: File and Pay

    File with the Federal Circuit and Family Court. Filing fee: $185.

    Step 5: Court Review

    A Registrar reviews to ensure orders are:

  • In children's best interests
  • Properly drafted
  • Appropriate and not harmful

    Step 6: Approval

    If approved: Orders made (usually 4-12 weeks)

  • If queries: Registrar may seek clarification

    What Courts Look For

    Best Interests

    Are the proposed arrangements in the children's best interests?

    Workability

    Can the arrangements actually work in practice?

    Safety

    Are there any safety concerns?

    Common Mistakes

    - Vague or ambiguous wording

  • Arrangements that won't work practically
  • Not covering holidays and special occasions
  • Forgetting changeover details
  • Not addressing communication

    DIY vs Solicitor

    DIY May Work If:

    - Simple arrangements

  • No conflict
  • You understand the requirements

    Consider a Solicitor If:

    - Complex situations

  • History of conflict
  • Safety concerns
  • You want to get it right first time
  • Ready to Take Action?

    Use our free tools to understand your situation and plan your next steps.

    Ask me anything about divorce!

    We Value Your Privacy

    We use cookies to enhance your browsing experience, provide personalized content, and analyze our traffic. By clicking "Accept All", you consent to our use of cookies. Learn more

    Secure
    GDPR Compliant
    Your Control