Consent Orders in Parenting Arrangements: Overview 2023

July 20, 2023    divorcelawyersperthwa
Consent Orders in Parenting Arrangements: Overview 2023

Many individuals look for an affordable solution that can help them with all their parenting and monetary problems. These kinds of problems mainly occur when a person has separated from their partner.

The best way he/she can deal with these situations is by applying for a consent order with the help of child custody lawyer in Perth. These orders are the perfect answer for things that a person has been looking for. To learn more about the consent orders, please check out this writing.

Consent Orders: A Brief Definition

When a divorced couple has agreed on the arrangements related to property, finances, or parenting, they can formalize their agreement into a legally binding one. To do so, they must apply for the consent orders.

These orders can be utilized to discharge or vary all the current family law orders. Before proceeding further with these orders, it’s important for individuals to gain information about property, finances, and parenting.

The Australian court will consider the consent orders before they can consider whether or not the parent orders are in the best interest of the property/financial orders and children.

Documents Needed to Lodge the Consent Orders

Professional and reliable divorce solicitors have said that there are three main documents that are needed to lodge the consent orders. These are:

1. Application Form

Through the application form, the court gets informed about both the party’s current Parenting Arrangements and financial situation.

The form also contains important details that the court should be aware of. That way, the court can assess whether or not the proposed agreement of the parties is equitable and just for the child’s best interest and for property-related matters.

2. Proposed Orders

These orders reflect the agreement reached between the two parties. The nature of the proposed orders is to ask the Australian court to make an order based on their needs.

3. Notices

This is documentation that is used for family violence, child abuse, or risks. Due to such reasons, the parents want to lodge a consent order.

The Benefits of Consent Orders

When one gets to apply for a consent order, they will receive numerous benefits. Some of them are:

  • Consent orders can deal with parenting and monetary matters through separate applications at different times or simultaneously.
  • It’s a vital requirement for both parties to be represented legally. At times, only one party gets to retain a lawyer to prepare all the documents related to consent orders. But applying for this kind of order is a serious step, and it’s suggested that both parents receive legal advice from a reliable lawyer.
  • These orders are extremely cost-effective, and one doesn’t need to spend a larger amount.
  • For all property-related matters, when the orders get created, they become difficult to set aside. It’s because the grounds to get that done under the Family Law Act of Australia will become limited when both parties don’t agree to get it done.
  • For the parenting orders, he/she can only set them aside when the grounds to get it done have been agreed by both parents.

What are the Primary Aspects of Parenting Consent Orders?

When one is getting ready to meet the lawyer for the parent consent orders, there are certain documents that he/she needs to prepare. These are:

  • History of the parenting agreement
  • Accommodation for the relative distance and the children between the one’s and ex-spouse’s residence.
  • Information on children’s health, which includes all the ongoing medical-related treatment.
  • Details on children’s education. This includes the school they attend and which year they are in.
  • Information related to the monetary support provided to the children.
  • Information on a past incident or a risk to the children when it comes to family violence
  • Risks by the parents, such as misuse of drugs/alcohol or health-related conditions.

Individuals should remember that monetary support is the relevant thing that must consider when applying for parent consent orders. The Australian Family Court cannot create a consent order on child support if financial support is not included.

Time Aspect in Applyling for Parenting Consent Orders

The best divorce lawyers in Perth have said that there is no presence of processing time to apply for consent orders. It’s because the process depends heavily on the volume of all the matters which are listed in the registry.

But it does take 6 weeks to 8 weeks before the registrar at the Australian Family Court reviews the application for the consent orders.

When the registrar finds out that the property orders that have been sought by the parents are equitable and just, he/she will make the orders. The consent orders will be made as it’s prepared by the lawyer.

But the registrar will ask for more information to make the consent order. For that, they will issue the requisition, which is viewed as a written request. This requisition will contain the type of information the registrar needs and when he/she must submit it.

It’s crucial for all the parties to follow the requisition provided by the registrar. In doing so, the registrar will reconsider his/her decision and then approve the consent orders. Individuals can easily apply for consent orders for both property and parenting matters.

They can do so once they have separated from their ex-partner before making the divorce application. But if the divorce order has already been made, then the following can happen:

  • Individuals will have 12 months to make an agreement with their ex-spouse when they are married.
  • One would have 24 hours to make an agreement with their ex-partner if he/she were in a de facto relationship.

If any one of the points is applied to an individual, the court will give him/her permission to make a consent order. One must include an order to apply for the consent orders to get them made out of the given time limit.

Last Note

Consent orders can certainly help a divorced couple greatly. These orders will help them with all times of problems related to finance and parenting. If he/she wants to apply for the consent orders, they should take reliable legal help.

Divorce Lawyers Perth WA can offer exceptional services on these matters. We have proper knowledge and understanding of consent orders and will provide the clients with the best advice and guidance.


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