Consent orders are a formal agreement that is arrived upon between parties to a dispute.
They can cover most matters under the Family Law Act such as:
Key Facts About Consent Orders
- These orders look like a list of things that you and the other party have agreed upon after having discussed the issues in your matter.
- Consent orders may be agreed upon as a result of family dispute resolution, negotiation, or in private.
- These types of orders have the same power as any other court order but they are different because you and the other party have given ‘consent’ to them rather than a judge simply deciding them.
- There aren’t any court fees for filing consent orders.
- Some orders can be granted without needing to start a court case, but you should speak to a lawyer about which process applies to you.
An example of an order might look like this:
“1. That the mother and father are to have equal shared parental responsibility for the child, Sammy Squiggle, born 07 October 2016.”
It may also talk about when one party can see their child, for example:
“2. That the mother spend time with the child from 1pm – 5pm on each Saturday.”
Consent Orders are a good thing to have because they put your agreement in writing, they are binding and they are enforceable. This means that you can rely on them if the other party does something they’re not supposed to. You’re protected, unlike in an informal agreement.