Parenting Consent Orders are court-approved agreements that formalize arrangements for children after separation or divorce. These orders provide legal certainty about living arrangements, contact schedules, and decision-making responsibilities while prioritizing the best interests of the child.
What are Parenting Consent Orders?
Parenting Consent Orders are formal court orders made by agreement between parents about arrangements for their children. Under the Family Law Act 1975, these orders must promote the best interests of the child and can cover all aspects of parenting arrangements without the need for contested court proceedings.
What Can Parenting Consent Orders Cover?
Parenting Consent Orders can address various aspects of child care arrangements:
- Living Arrangements: Where the child will live and when
- Contact Schedule: Time the child spends with each parent
- Parental Responsibility: Decision-making about important matters
- Communication: Phone, email, and video contact arrangements
- Holidays and Special Occasions: Christmas, birthdays, school holidays
- Education: School choice and educational decisions
- Medical Care: Healthcare decisions and medical treatment
- Religion and Culture: Religious upbringing and cultural activities
- Relocation: Provisions for moving with children
Benefits of Parenting Consent Orders
- Legal Certainty: Court-approved arrangements with full legal effect
- Enforceability: Orders can be enforced if one parent breaches them
- Stability: Provides children with predictable arrangements
- Reduced Conflict: Clear agreements minimize disputes
- Cost-Effective: Avoid expensive court battles
- Flexibility: Terms can be tailored to your family's needs
- Protection: Legal protection for both parents and children
The Best Interests of the Child
The court will only approve Parenting Consent Orders if they are in the child's best interests, considering:
- The child's safety and protection from harm
- The benefit of meaningful relationships with both parents
- The child's views (where age and maturity appropriate)
- The nature of the relationship between child and parents
- The willingness of parents to facilitate the child's relationship with the other parent
- The child's physical, emotional, and psychological needs
- The benefit of stability and security
"Parenting Consent Orders provide children with the security of knowing their living and contact arrangements are legally protected and will be consistently maintained."
Common Parenting Arrangements
Typical arrangements covered in Parenting Consent Orders include:
- Week About: Child alternates weekly between parents
- Two Weeks On/Off: Extended periods with each parent
- Primary Residence: Child lives mainly with one parent, visits the other
- Weekends and Holidays: Regular weekend contact and shared holidays
- Supervised Contact: Supervised visits in appropriate cases
- Gradual Introduction: Building up contact over time
Requirements for Court Approval
For Parenting Consent Orders to be approved, they must:
- Be in the best interests of the child
- Be genuinely agreed to by both parents
- Be practical and workable arrangements
- Comply with the Family Law Act requirements
- Include appropriate detail and clarity
- Consider the child's developmental needs
The Application Process
Obtaining Parenting Consent Orders involves:
- Negotiation: Parents discuss and agree on arrangements
- Drafting: Preparation of detailed parenting plan
- Legal Review: Ensuring orders meet legal requirements
- Court Filing: Lodging application with Family Court
- Court Consideration: Judge reviews proposed orders
- Approval: Court makes orders if satisfied they are appropriate
Enforcement of Parenting Orders
If a parent breaches Parenting Consent Orders, enforcement options include:
- Contravention proceedings for willful breaches
- Compensatory time for missed contact
- Counseling or parenting programs
- Community service orders
- Fines or imprisonment in serious cases
- Variation of orders if circumstances change
Changing Parenting Orders
Parenting Orders can be varied when:
- There has been a significant change in circumstances
- The current arrangements are no longer working
- The child's needs have changed as they've grown
- Both parents agree to new arrangements
- Safety concerns have arisen
Our Parenting Consent Orders Services
At Jarrah Legal, we provide comprehensive parenting consent orders services including:
- Expert advice on parenting arrangements and children's rights
- Assistance with negotiating fair and workable arrangements
- Professional drafting of detailed parenting orders
- Guidance through the court approval process
- Support with enforcement and variation applications
- Mediation and dispute resolution services
Contact Jarrah Legal today to secure your parenting arrangements with professionally drafted Consent Orders that protect your children's interests and provide legal certainty for your family.