Consent Orders

WE’VE MADE AN AGREEMENT ABOUT THE CHILDREN. WHAT NEXT?


If you and your former spouse have been able to work out an agreement (perhaps with the help of a mediator or lawyer) about arrangements for your children, it can be formalised in one of two ways.

Parenting plan: A parenting plan is a written document, signed and dated, that states your agreement. It doesn’t have to be written in any particular way. It could say something as simple as “Sarah will live with her Mum on Monday-Friday. On Friday, Dad will pick Sarah up from school and have her until 5pm on Sunday.” Parenting plans are not legally enforceable. So if one parent does not stick to the agreement, the other parent cannot go to court to make them. For this reason, it is often helpful to seek legal advice and formalise your plan. Calley Rajah Family Lawyers can help you turn a parenting plan into an enforceable order.

Consent orders: If you want to formalise your parenting plan by turning it into a legally enforceable Court Order, you can make an Application for Consent Orders. In almost all instances, a court will approve the agreement and it will be transformed into a court order. This makes it legally enforceable which means that if one parent does not follow its obligations, the other parent can exercise enforcement options.