Parental Consent Order
A parental consent order is a legally binding agreement between parents or guardians about their children’s care, responsibilities, and living arrangements.
It formalises agreed terms without needing a judge’s decision and is filed with the Federal Circuit and Family Court of Australia (FCFCOA) for enforceability.
Consent orders cover issues like living arrangements, schooling, and communication schedules.
Key Tip: Parental consent orders help resolve disputes through agreed arrangements, reducing court intervention.
Issues Addressed in a Parental Consent Order
- Living Arrangements: Where the child will live and how time is divided between parents.
- Communication and Visitation: How and when the child will contact the non-residential parent.
- Schooling Decisions: Choices about the child’s education, including school selection.
- Medical Care: Agreements about healthcare and medical treatments.
- Travel: Interstate or international travel requirements.
Key Tip: Consent orders outline all relevant parenting decisions, giving parents clarity and structure for co-parenting.
How to Apply
Drafting the Agreement: Parents work together to draft terms, often with legal advice.
Completing Forms: Use Form 11 (Application for Consent Orders) from the FCFCOA.
Lodging the Application: Submit signed forms and supporting documents to the court.
Review by the Court: A registrar reviews to ensure the child’s best interests are met.
Approval: If approved, the order becomes legally binding and enforceable.
Key Point: Draft and submit the consent order application carefully, ensuring it reflects the child’s best interests
Consent Orders vs. Parenting Orders and Parenting Plans
- Consent Orders: Legally enforceable, require court approval, terms agreed by both parents.
- Parenting orders: Issued by the court when parents can’t agree, arrangements determined by a judge.
- Parenting Plans: Informal agreements, not legally binding, help avoid court involvement.
Key Tip: Choose between a consent order, parenting plan, or parenting order based on the level of agreement and need for enforceability.
Benefits of Parental Consent Orders
- Reduces Conflict: Encourages cooperation as both parties agree on terms.
- Saves Time and Money: Avoids contested court proceedings.
- Customized Arrangements: Tailors the order to fit the family’s specific needs.
- Enforceable: Ensures compliance, protecting the child’s wellbeing.
Key Tip: Consent orders promote cooperative parenting with a legally enforceable framework.
Enforcing a Parental Consent Order
If a parent does not comply, the other parent can apply to the court for enforcement.
Non-compliance can result in penalties or changes to arrangements.
Legal advice is recommended if this occurs, as the child’s welfare is the court’s priority.
Key Tip: Adhering to the consent order avoids legal consequences and ensures stability for children.
Summary
A parental consent order provides a structured, enforceable way for parents to agree on their child’s care arrangements, minimising conflict and promoting collaboration.
Applying through the FCFCOA and seeking legal advice ensures the agreement is thorough and in the child’s best interests.
