Consent Orders

Consent orders are legally binding orders that can relate to parenting or property settlements. Parenting orders are a set of orders from the court detailing the parenting arrangements of a child. Property orders are a set of orders from the court detailing the split of property. A court can make these orders after a trial based on the agreement between two parties or after a court hearing.

Once an agreement is reached between parties regarding parenting, property and finances, it must be formalised in the form of a legally binding agreement, called a consent order. When agreements are reached between parties regarding these aspects of separation, parties can apply to the Family Court for a consent order by filing a ‘minute of consent order’, which is a document requiring a particular format that lists the details of the consent order.

The current fee to file for a consent order with the court is $165. However, you may be eligible for an exemption from this fee on the basis of financial hardship, or if you are the primary cardholder of a Health Care Card, Health Benefit Card, Pensioner Concession Card, Commonwealth Seniors Health Care or any other card issued by Centrelink or the Department of Veterans’ Affairs that entitles you to Commonwealth health concessions.

If you have submitted all of your documents correctly and the court is satisfied, you will generally receive the sealed orders within four to six weeks from the filing date.

Yes, consent orders are legally binding. There are only limited circumstances where a consent order relating to parenting, property or finances could be overturned. These include the involvement of fraud, duress, suppression of evidence, failure to give evidence or other exceptional circumstances such as a drastic change in the child’s welfare.

A parenting plan is a written agreement signed by both parents that details the parenting arrangements for a child or children. Unlike consent orders, parenting plans are not submitted to the court, so parenting plans are not legally enforceable and if breached will not attract legal consequences that would apply to a breach of a consent order.

If one party does not comply with a consent order, the court has the power to enforce a range of consequences. The court can change the consent order, impose compensation for lost time with children, require a bond be entered in to, order a fine to be paid, order a prison sentence, adjourn the case, order community service or order legal costs to be paid.