Parenting consent orders Hills District

Hillwest Legal prepares parenting consent order applications for clients across the Hills District and Greater Western Sydney. Parenting consent orders are court orders that formalise the agreed arrangements for your children after separation including where they live, how time is shared between parents, and who makes major decisions about their education, health and welfare. They provide certainty and enforceability for both parents.

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How parenting consent orders work

1. Agree on arrangements. Both parents must agree on the parenting arrangements before applying. This may be reached through direct discussion, family dispute resolution (mediation), or negotiation through solicitors.
2. Draft the proposed orders. We prepare the proposed parenting orders, covering all the arrangements you've agreed to living arrangements, time with each parent, communication, handover logistics, holidays, special occasions, and decision-making responsibility.
3. Prepare the application. We draft the Application for Consent Orders, including the required attachments and declarations.
4. File with the court. The application is filed with the Federal Circuit and Family Court of Australia (FCFCOA). Both parents sign the application.
5. Court review. A judicial officer reviews the proposed orders to ensure they are in the best interests of the child. This is done on the papers no court appearance is required in most cases.
6. Orders are made. Once the court is satisfied, it makes the orders. They are legally enforceable from that point.

What parenting consent orders typically cover

Living arrangements. Which parent the children live with primarily, or whether they spend equal or substantial time with each parent.

Time with each parent. The schedule for weekdays, weekends, school holidays, public holidays, and special occasions (birthdays, Christmas, Mother's Day, Father's Day).

Handover arrangements. Where and when handovers happen at a parent's home, school, or another agreed location.

Communication. How the children communicate with the other parent when they're not with them phone calls, video calls, and messaging.

Major decision-making. Who has responsibility for major long-term decisions about education, health, religious upbringing, and extracurricular activities. This can be sole responsibility or shared (equal shared parental responsibility is the starting point under the Family Law Act 1975).

Travel and relocation. Provisions about domestic and international travel, including passport arrangements and notice requirements if a parent intends to relocate.

When you might need parenting consent orders

You've agreed on arrangements and want them formalised. A verbal or informal agreement is not enforceable. Consent orders give both parents certainty and legal backing.

You've been through mediation and reached agreement. Family dispute resolution (mediation) is often required before you can apply for parenting orders. If mediation has produced an agreement, consent orders are the natural next step.

You want to combine parenting and property. Consent orders can deal with both property and parenting in a single application saving time and costs.

You need enforceability. Unlike a parenting plan (which is not enforceable by a court), consent orders carry the weight of a court order. If one parent breaches the orders, the other can apply for enforcement.

Parenting consent orders fees

Our fees for parenting consent orders cover the drafting of the proposed orders and the application, plus the court filing fee. We provide a clear quote before starting. If parenting and property are being dealt with together, we provide a combined fee estimate.

Frequently asked questions about parenting consent orders

Related services

• Property consent orders Deal with property at the same time.
• Superannuation splitting Include super in the consent orders.
• Will and power of attorney Update your will after separation.