If you agree on arrangements
You do not have to go to court about the arrangements for your children after separation. If you and your former partner agree on the future arrangements, you can:
- make a parenting plan, or
- obtain consent orders approved by a court.
If you want more information about the services available to help parents trying to reach agreement, you can read more about options to resolve disputes by going to the Family Law Principles section of this website.
You should seek legal advice when considering which approach is best for you.
What is a parenting plan?
A parenting plan is a written agreement that sets out parenting arrangements for children. Because it is worked out and agreed jointly, you and your former partner do not need to go to court.
Unless a court orders otherwise, you and your former partner can agree to change a parenting order by entering into a parenting plan.
A parenting plan is not a legally enforceable agreement. It is different from a parenting order, which is made by a court. For a copy of the Attorney-General's fact sheet 'Parenting plans' visit Family Relationships Online located under website links.
The Family Law Act sets out details about parenting plans in Section 63C, see also Sections 64D, 65DA and 70NBB on this topic.
What are consent orders?
A consent order is a written agreement that is approved by a court. A consent order can cover parenting arrangements for children (a ‘parenting order’) as well as financial arrangements such as property and maintenance.
Consent orders have the same legal force as if they had been made by a judicial officer after a court hearing. You should consider obtaining legal advice about the effect of any proposed consent orders.
You and your former partner can apply for consent orders to be made without going to court.
How do you apply for consent orders?
Using the Family Court's Consent Orders kit, you ask the Court to make 'consent orders' in the terms of your agreement. Your agreement may include information about the following:
- whether the parents are to have equal shared parental responsibilities or specify the division of parental responsibilities between them
- whether the children will spend equal time with each parent or substantial and significant time with a parent and specify details of how the child will spend time with each parent (see Section 65DAA of the Family Law Act for what is meant by substantial or significant time)
- the time a child will spend with a grandparent or other relative
- the communication a child will have with another parent or person
- if two or more persons share parental responsibilities, the form of consultation required between the persons
- any aspect of the care, welfare and development of the child, including education, health, religion and cultural aspects, and
- child maintenance for children not covered by the Child Support (Assessment) Act. If you are unsure, contact the Child Support Agency on 13 12 72 or www.csa.gov.au.
Once you have completed the form in the consent orders kit, file it with the family law registry nearest you by post or in person. There is no need for you to attend court. However, the Court must be satisfied that the orders you ask for are in the best interests of the child. You can read more about the best interests of a child by going to the Family Law Principles section of this website.
There is no filing fee to apply for Consent Orders.
For more information or to get a Consent Orders Kit go to 'Forms' section of this website, call 1300 352 000 or visit your nearest family law registry.
You cannot directly apply for consent orders in the Federal Magistrates Court. However, if you already have a case in that Court and you reach agreement, orders can be made.
What if you cannot agree about the children's arrangements?
You can apply to the Court for parenting orders. For more information, view at above left 'In this section' page titled 'If you can’t agree on arrangements'.