Steps to Apply for Consent Orders in Australia
- Brett Jones
- Jul 19
- 4 min read
Understanding how to navigate the legal system in Australia can be daunting, especially regarding family law matters. Consent orders are essential to this process, as they help people settle disputes amicably. This post breaks down the steps to apply for a consent order in Australia.
Consent Orders Application: What Are They?
Consent orders can be applied to various family law issues, including parenting arrangements and property settlements. They are designed for couples who have reached an agreement and want their arrangement to be made into binding court orders. This gives as much certainty as the law offers to arrangements going forward.
When consent orders are approved, they become legally binding, meaning both parties must adhere to the terms laid out in the order. This process helps to reduce the stress associated with family disputes and provides clarity for everyone involved.
Why Apply for Consent Orders?
There are several reasons why applying for consent orders is a beneficial step for families.
Clarity and Structure: Consent orders provide clear boundaries about each party's obligations. Well-drafted orders avoid ambiguity and can prevent future disputes.
Legally Binding: Once approved, they are a court order and must be complied with, unless there is a reasonable excuse.
Increased Stability for Children: Consent orders help provide stability for parents and children by:
Stating who will make decisions for major long-term issues.
Stating who the children will live with.
Stating spend time and communication arrangements, including during school holidays, birthdays, Christmas, and other religious and festive holidays.
Cost-Effective: Seeking consent orders costs far less than court litigation and can save you from potential long-term legal battles.
Understanding these benefits can help motivate individuals to pursue consent orders and create a stable foundation for their family's future.
What is an Example of a Consent Order?
Consent orders can vary significantly in scope, but here’s a common example:
A couple agrees to share custody (joint decision-making for major long-term issues) of their child after separation. They might draft a consent order specifying that:
The child will live with one parent during the week and spend weekends with the other parent.
Specific holidays and special occasions (like birthdays) will be celebrated with each parent.
Both parents will share the costs of education and medical expenses for their child.
By putting these arrangements in writing and applying to the court for consent orders, both parties ensure that the arrangement is enforceable and clear.
Steps to Apply for Consent Orders
Applying for consent orders involves several essential steps. Below is a detailed breakdown:
Step 1: Reach an Agreement
Before you can apply for consent orders, it’s crucial that both parties agree on the issues at hand. This may involve negotiations, mediation, or simply a frank discussion about the areas of disagreement.
Step 2: Prepare an Application for Consent Orders
The next step is to complete several court form documents, including:
An Application for Consent Orders.
Notice of Child Abuse, Family Violence or Risk form.
Notice of any family violence intervention orders.
Step 3: Draft a Consent Order
Once you've reached an agreement, the next step is to draft a consent order. It is advisable to include the following elements:
Clearly outline the terms of the agreement.
Ensure that it is fair and in the children's best interests.
Be specific about each party’s obligations.
This document can be complex, so consulting with family law professionals may be highly beneficial.
Step 4: File Your Application
Once your documents are prepared, you need to file them with the Federal Circuit and Family Court of Australia. This is generally completed online.
There will be a court filing fee.
Step 5: Attend Court (If Necessary)
In most situations, if the court finds everything in order, it will approve the consent order without requiring you to appear in court. However, in some cases, you may be asked to attend a hearing.
Step 6: Obtain the Consent Orders
If the court approves your application, you’ll receive a copy of the consent orders that are now legally binding. Keep this document safe, as you’ll need to refer to it in the future.
After Obtaining Consent Orders
Once you have received your consent orders, it’s crucial to understand that they are legally binding. Here’s what you should consider moving forward:
Communication: Maintain open lines of communication with the other party, especially if children are involved.
Compliance: Adhere to the orders and make sure the other party does as well. Non-compliance can lead to legal repercussions.
Review and Amend: Life changes, and so may your circumstances. If either party needs to alter the arrangements in the future, you may be able to come to a written agreement to change the orders or apply to the court to amend the consent orders.
Documentation: Keep a record of any agreements or changes made after obtaining consent orders. This can help in situations where disputes may arise.
Final Thoughts
Navigating the application for consent orders process in Australia may seem overwhelming, but the structure it provides can lead to significant benefits for all parties involved. By following the outlined steps, you can ensure that the process is as smooth as possible.
If you want to learn more about obtaining consent orders or require assistance with the process, consider seeking advice from a family lawyer. They can provide tailored guidance that suits your unique situation and help you lay the groundwork for a more stable future.
Make sure to check out our application for consent orders for further insights and legal support as you embark on this journey.
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