Parenting Consent Orders
When parents separate, a parenting consent order is one way to formalise where the children live with, how time is shared, and how major decisions are made.
Examining a clear example of parenting consent orders can help you understand what these orders typically cover and how the process works under Australian family law.
Key takeaway: Parenting consent orders set out parenting arrangements in a legally enforceable way, so everyone knows what is expected and the children have stability.
What Are Parenting Consent Orders?
Parenting consent orders are written agreements about parenting arrangements that are approved by the Federal Circuit and Family Court of Australia and then made into court orders. They usually cover:
- Who the children live with
- How much time do they spend with each parent
- Handover arrangements
- Holiday and special occasion time
- How parents will make major long-term decisions, such as education and health
Once sealed by the court, the orders are legally binding and enforceable, including for families living in Brisbane and across Queensland.
Key takeaway: Parenting consent orders are court-approved agreements that set out day-to-day care, time arrangements, and decision-making for your children.
Parenting Consent Orders Example For Brisbane Parents
Here is a simple parenting consent orders example to show how arrangements might look in real life:
- The children live primarily with Parent A in North Brisbane.
- The children spend time with Parent B:
- Each alternate weekend from Friday after school until Monday drop-off
- One mid-week overnight visit each second week
- School holidays are shared equally, with a written schedule agreed in advance
- Christmas Day alternates each year between the parents
- Both parents share parental responsibility for major decisions about schooling, medical treatment, and religion
- Handover takes place at the child’s school on school days and at a set public location on non-school days
Your own orders might be more detailed, but this sort of structure is common in parenting consent orders.
Key takeaway: A parenting consent orders example typically includes who the children live with, when they see each parent, how holidays are split, and how major decisions are made.
Need a Lawyer?
How To Apply For Parenting Consent Orders In Brisbane
To turn an agreement into parenting consent orders, you usually:
- Reach an agreement with the other parent, often after negotiation or mediation.
- Complete the Application for Consent Orders and a Minute of Proposed Orders.
- File the documents with the Federal Circuit and Family Court of Australia.
- Wait for the court to review the documents and, if appropriate, make the orders in chambers (without a hearing).
You can be based anywhere in Brisbane or Queensland and still file these documents, as family law is federal. However, a Brisbane family lawyer can help tailor the orders to your family’s specific circumstances.
Key takeaway: Applying for parenting consent orders involves preparing agreed terms, lodging them with the family court, and asking the court to make them into enforceable orders.
Mediation And Family Dispute Resolution
Before asking the court to decide parenting issues, parents are usually expected to try family dispute resolution, such as mediation with an accredited family dispute resolution practitioner. Many Brisbane parents use local mediation services or online options to:
- Discuss parenting arrangements in a structured setting
- Focus on the children’s needs rather than past conflict
- Work towards an agreement that can then become parenting consent orders
If an agreement is reached, the terms can be written up and submitted to the court for approval.
Key takeaway: Mediation and family dispute resolution can help Brisbane parents reach an agreement that can then be turned into parenting consent orders, avoiding a contested court case.
Court Process When Consent Orders Cannot Be Agreed
If you cannot agree on parenting arrangements, you may need to apply for parenting orders without consent. This involves:
- Filing an Initiating Application with supporting documents
- Attending court events and possibly interim hearings
- Providing evidence about the children’s needs, safety, and best interests
The court then decides what parenting orders to make. Even during this process, you can still reach an agreement and ask for consent orders at any stage.
Key takeaway: When parents cannot agree, the court will decide parenting arrangements, but you can still settle and convert your agreement into parenting consent orders at any time.
Parenting Consent Orders vs Parenting Plans
A parenting plan is a written agreement between parents, but it is not directly enforceable by the court. Parenting consent orders, on the other hand, are:
- Formal court orders
- Enforceable if a parent does not comply
- More suitable where there is conflict or a need for a clear, long-term structure
Some parents start with a parenting plan and later move to parenting consent orders when they want stronger legal protection.
Key takeaway: Parenting plans rely on cooperation, while parenting consent orders are enforceable court orders that provide a more secure framework for parenting arrangements.
Getting Legal Advice In Brisbane
Even if you and your former partner agree on arrangements, getting legal advice before signing anything is strongly recommended. A Brisbane family lawyer can:
- Explain how a parenting consent order example applies to your situation
- Help draft clear, practical orders
- Check that the arrangements are consistent with the children’s best interests
Key takeaway: Legal advice helps parents turn their agreement into clear parenting consent orders that protect the children and reduce future disputes.
