What is the benefit of getting a Consent Order over a parenting plan?
A parenting plan is not legally binding nor is it legally enforceable. A parenting plan cannot be taken to court and asked to be enforced by the court. Having a Consent Order in place is legally binding and enforceable, and if your Consent Order has been breached, you can take it back to court and have it enforced.
- How do I apply for a Consent Order from a family court?
An Application for Consent Orders must be filed, which provides a background and a basis for the court to determine whether the Orders are fair, which it must do before making them. The next step is to file a Minute of Order containing the specific orders you're asking the court to make.
- Approximately how long does it take to process a Consent Order?
For the court to process your Application and Minute of Order, you should allow at least 28 days, although it may take longer or shorter depending on the time of year and the registry where your documents are filed. When there are problems with your documents, the process may take longer, since the documents are returned to you with questions you will need to answer before the matter can be reconsidered.
- What does the Family Court consider fair in a Consent Order?
Courts can only issue Orders if they believe they are ‘just and equitable,' i.e., fair. In determining whether an outcome is just and equitable, the court will consider the length of the relationship, the contributions each party has made, and each party's future needs.
- Does a Consent Order have to be signed by a solicitor?
A solicitor is not required to sign consent orders, nor to draft them or even review them. However, it is a good idea to have your documents drafted by an experienced family law lawyer, as that way you know everything is handled correctly.
Please contact a local Brisbane Family lawyer if you require assistance with your Consent Orders.
