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Application for Consent Orders – Parenting

If you have reached an agreement about the care, welfare and development of your children and want to formalise that agreement to make it binding, you can apply to the court by completing an Application for Consent Orders.

An Application for Consent Orders can also be used if you are applying for consent orders which vary or discharge existing Family Court Orders.

Consent Orders have the same legal effect as an order made after a court hearing.

The relevant documents and instructions to complete an Application for Consent Orders can be downloaded from the Family Court website www.familycourt.gov.au

The relevant documents that you will need to complete an Application for Consent Orders includes:

Application for Consent Orders

The Application for Consent Orders is 26 pages long, however, not all of the information within relates to Parenting Orders (as the Application also includes financial orders, if this is sought).

We will guide you through in detail the relevant parts of the Application, further below.

Supplement to Application for Consent Orders

In addition to the Application for Consent Orders, the parties also need to complete The Supplement to Application or Consent Orders which provides a list of the orders sought that the parties are seeking the court to make. This document is required to be in a prescribed form with correct formatting. If you require assistance with this, please feel free to contact our office.

Annexure to Draft Consent Parenting Order

This document relates to the issues of child abuse or neglect, or family violence. This form must be filed at the same time of filing your Application for Consent Orders and the Supplement to Application for Consent Orders. Both parties are required to complete and sign this document.

The parties need to state in the Annexure to Draft Consent Parenting Order whether either of the parties considers that the child concerned is at risk of abuse or neglect, or family violence, or has been at such risk.

In addition, it requires the applicant and the respondent to state whether any allegations of risk of abuse, neglect or family violence have been made in any document filed in the proceedings and to identify the document/s.


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Completing the Application for Consent Orders Form

Once you have complete drafting your sole divorce application, only you need to sign Part G in the presence of a qualified witness (which includes a Justice of the Peace, Commissioner for Oaths, or a Lawyer).

Let us help guide you through the each part of the application.

Part A

requires details about the parties including their full name, occupation, address, when and what country you were born etc.

Part B

requires information about the relationship between the parties, such as when you began living together, if married, and if so, the date, town/city, country, date of separation and date of divorce (if applicable).

Part C

Question 10 requires information about whether there are any ongoing cases in the Family Court, or any other court, in relation to family law matters, child support, family violence or child welfare, that involve any of the parties or any of the children to the Application.

Question 11 requires information whether there are any existing orders such as Court Orders or Parenting Plans. If there is, a full copy of the order, agreement, Parenting Plan or undertaking is required to accompany the Application.

Question 12 requires details if there is a family violence order (and if so this will need to be attached to the form).

Question 12A to include information whether there has been any contact with the department responsible for child safety with respect to the children named in the Application or any other child of the household (and to provide details including the outcome of that contact and any outstanding concerns).

Question 13 & 13A are included because of certain obligations and legislation imposes on courts. The Family Law Act 1975 (Cth) provides a presumption that the parents have equal shared parental responsibility. If the proposed consent orders do not provide for equal shared parental responsibility, the court needs to obtain more information. For this reason, question 13 requires the applicant to explain why the presumption favouring equal shared parental responsibility does not apply, or if it does apply, why it is in the best interests of the child not to make an order for equal shared parental responsibility.

If the proposed Consent Orders do provide for equal shared parental responsibility, there are some legislative requirements that affect whether or not the court should make certain types of orders relating to the time the child is to spend with the parents. To deal with this, question 13A asks for a brief explanation as to why the child spending equal time or substantial time with each parent is reasonably practicable, or if the child is not to spend time with each parent, why this is in the best interests of the child.

Part D

must be completed by all applicants if there are children under the age of 18 years of age, regardless of whether the orders are sought in relation to children, property or maintenance. This includes children that are adopted by either of you, who is under 18. This is regardless of whether the child has lived with both or either of you.

Question 20 requires to include the child’s name, their primary carer, date of birth.

Question 21 requires information about who else lives in the child’s home when the child is living with the applicant and when the child is living with the respondent. For example, if a parent has re-partnered, this information will be required, or if a parent lives with another person, for example a friend or family member, this information will need to be included in the Application.


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Part E

includes information as to the orders that the parties are seeking the court to make. This is required to be filed simultaneously with the Application for Consent Orders.

Part F

requires information to ascertain whether the court has jurisdiction to make the Application.

Therefore, the court requires information as to whether you are present in Australia, or ordinarily resident in Australia, or an Australian citizen.

Question 24 requires information about the proposed arrangements of the children including:

Housing (for example a 3 bedroom house, does the child have their own room)

Supervision (who looks after the child, for example, if the parent who lives with the child is working outside the home, who supervises the child during the parent’s absence)

Financial support (details about maintenance and child support, including details of maintenance orders or child support assessments and what is actually being paid or proposed to be paid by any parent or party to the marriage who does not live with the child)

Health (details of the health of the child and any treatment or ongoing medical needs)

Education (details about what school the child attends, what year he/she is in and what progress is being made)

Any other matters that the court needs to take into consideration in determining the bests interest of the children, which is the paramount consideration for the court.

Part J
is the statement of truth of applicant which contains a series of questions in the form of boxes that need to be ticked. These identify the applicant, and state that the applicant has read the Application and the Draft Consent Orders that the court is being asked to make.

The questions also check that the orders are agreed upon by all parties, that the applicant is aware of his or her right to obtain independent legal advice, and has had independent legal advice on their relevant rights under the Family Law Act 1975 (Cth) and the effect and consequences of orders being made in the proposed terms.

In addition, the questions require the applicant to say that the facts stated in the Application are within the applicant’s knowledge and/or true to the best of the applicant’s knowledge, information and belief, and that the orders sought are supported by evidence. The applicant must state that he or she has signed and dated each page of the Draft Consent Orders and also read and considered various sections of the Family Law Act that relate to children – ie Section 60B, 60CA, 60CC, 60CH, 60CI, 61DA, 64B, 65DAA, 67Z and 67ZBA.

Part K

is a statement to be signed by the lawyer stating that they have provided the applicant with independent legal advice as to the meaning and effect of the Proposed Consent Orders and explained their rights, entitlement and obligations and have provided the applicant with a copy of the Family Courts Brochure: Marriage, Families & Separation. If you are legally represented, the lawyer is required to complete this part of the Application.

Part L
is a statement of truth of the respondent to also answer the questions as referred to in part J.
Part M
equivalent of part K and is applicable to the lawyer who gave independent legal advice to the respondent.

All Application for Consent Orders are filed in the Family Court.

It is important that your application is properly prepared to ensure that it is not requisitioned by the Family Court, and also that the parenting orders are written correctly to reflect the orders sought by the parties.

Part E

includes information as to the orders that the parties are seeking the court to make. This is required to be filed simultaneously with the Application for Consent Orders.

Part F

requires information to ascertain whether the court has jurisdiction to make the Application.

Therefore, the court requires information as to whether you are present in Australia, or ordinarily resident in Australia, or an Australian citizen.

Question 24 requires information about the proposed arrangements of the children including:

To find out more information and obtain the Application for Consent Orders document, visit the Family Court of Australia website http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics/applications/form-app-consent-orders

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