Parenting Orders with Consent Orders
Australia’s leading fixed-fee consent Order Solution for amicable parties seeking Children’s Orders.
No hidden fees, no drawn-out process, just fast, affordable results for your Consent Orders, servicing all of Australia.
What Do You Need Help With?
Whatever stage of life you’re passing through, we can document and finalise a legal arrangement to help you find certainty.
We provide legally binding Consent Orders for Parenting Matters, giving both parties certainty and stability in the raising of their children.
- We do not try to change your agreement. We are a neutral party happy to with both parties for a quick resolution.
- Fast. Our Consent Orders will be prepared in 24Hrs at a fixed fee.
- Professional. We are Accredited Specialists in family law (NSW and QLD).
- Easy to deal with. We offer you a fully remote service with Rachel and Brendan.
- Comprehensive. We complete every step of the process – Application for Consent Orders and Minute of Order.
What is the Difference between Consent Orders and Parenting plans?
Consent Orders
When you and your ex-partner agree on arrangements for your child or Children, you can apply to the Family Court for Consent Orders to be made by agreement. Consent orders are court orders that outline what both parents must do. They carry the same force and effect as if you had gone to court and had the court official, such as a judge, decide after a hearing. If you breach your agreement (Parenting Orders) or court order, you are breaking the law, and the Family Court takes a poor view of parents who disregard the court’s direction.
Consent orders are usually between the child’s parents. We have had circumstances where grandparents and other relatives can also make consent orders about children related to them. These instances have included parents going to gaol, extended families, especially from the Pacific Islands.
Parenting Plan
If both parents agree, you can create a parenting plan instead of applying for consent orders. A parenting plan is a less formal method of documenting arrangements for your child or children in writing. It can be very informal as there is no standard format.
Parenting Plans are not legally binding. They can be used as evidence of an agreement in court, but they are not enforceable. Many clients come to us with a Parenting Plan and have us convert it into Parenting Orders to make it legally binding.
Why do our clients get parenting Orders?
As our clients are generally regarded as low conflict, here are a few general comments we would make to new clients.
Do I need to get Parenting Orders?
No – Only about 40% of our clients get them. If they do, it’s generally for one of four reasons.
1. They have agreed on a shared care arrangement, and they want to make sure that does not change
2. So that one party doesn’t move too far away to prevent the current arrangements
3. One party may have substantial overseas connections – this may temp them to move away from Australia.
4. While everything is fine now, it may not be when someone re-partners.
Legal Obligations in Parenting Orders
Legal Obligations
Understanding your legal obligations is important. A consent order is a legal document you must follow, so it is important that you understand the implications if you do not follow it. The Federal Circuit and Family Court of Australia has a factsheet called Parenting orders – obligations, consequences and who can help.
This document will outline
- What are your legal obligations under a Parenting Order
- The Consequences of Breaching a Consent Order
- Suggested options to ensure parents follow a parenting order
- Some courses, programs and services in the community that can help parents understand their responsibilities and adjust to a parenting order.
General questions about the Consent Orders in Parenting matters
No, just because you have children doesn’t mean you must get them.
The Family Court will approve your agreement so long as you structure your agreement around the best interests of your children, not around your convenience.
Kate Austin clients because they are generally amicable, and they make their agreements quite flexible.
Parents generally understand that the needs of their children will change over time, and so will their responsibilities. It is quite common to see agreements structured with the comment “or as agreed.” This is an acknowledgement that from time to time, the other partner will need to step up their responsibilities to assist in the day-to-day upbringing of their children.
Children will grow up – their needs will change – the parenting requirements will change.
Some core elements seem to prevail
- Location requirements
- A core agreement on the time that each parent will be provided
- Acknowledgement that for this to work, each party will need to be flexible.
The Family Court cannot change your agreement. The only option they have is to approve your request or initially request it, and if your response to the requisition is unsuccessful, it may dismiss your application.
What should be included in your Parenting Orders?
You should consider and include these things in your agreement:
• Where will the child or children live?
• Will a shared care arrangement exist where the child/children live with each parent for part of the week or fortnight?
• Do you want to include any religious, cultural, educational, or other considerations in your agreement? This may include
Consider potential future events and the preparations you can implement to address them. Pose “what if…” questions, such as:
• What will happen if the children are sick?
• What if there is a pupil-free day following the weekend and the children are spending time with the other parent?
• What if the children want to attend sporting or cultural events? Who will pay for them, and who will take them?
• Are there religious ceremonies they should attend? Who will take them?
• What if I want to take them on an overseas holiday? The agreement you and the other parent reach must be in the best interests of the children.
Sections of the Act
Family Law Act 1975 — relevant sections The Family Law Act
• Section 60B – Ensuring that the best Interests of a child are met.
• Section 60CA – A Child’s best interests are paramount in making a parenting order.
• Section 60CC – How the Family Court determines what is in
a child’s best interests. There are sections here that relate specifically to
Aboriginal and Torres Strait Islander Culture.
• Section 60CH – Parties duty to inform the court of care
arrangements under child welfare laws.
• Section 61CA – Communication between parties in relation
to long-term issues.
• Section 61D –
• Section 61DAA – Consideration to the effect of parenting
order that provides for joint decision making about major long-term issues.
• Section 61DAB – No need to consult on issues that are not
major long term issues – parental responsibility.
• Section 64B – Meaning of parenting orders and related
terms
What are the steps to complete your Parenting Orders in consent orders?
01
Application for Consent Orders
The application for Consent Orders outlines the financial circumstances of the Family as well as the current family circumstances
02
Minute of Order
This document outlines the orders the parties are seeking from the Family Court.
03
Notice of Risk
A disclosure document that outlines (if any) history of violence or current protection orders.
04
Any previous Court Orders
Attached are any previous legally binding agreements either made by order or consent.
We work with amicable parties. – we don’t represent either of you.
As a neutral third party, we do not represent either party. We do not offer legal advice but rather procedural advice. It is up to each party to seek legal advice if they so desire. If there is any uncertainty, we encourage parties to seek independent advice.
Our speciality is amicable separations.
Consent orders do not require parties to obtain independent legal advice. Again, clients are free to do so.
We work with amicable parties. – We don’t represent either of you.
Why – amicable parties also need to complete consent orders, and they don’t need independent lawyers.
Also, we prefer this type of work. Helping people get to a solution quickly and easily is rewarding. While conflict work is more profitable, it’s extremely taxing.
Things to know before you call Kate Austin Family Law for Consent Orders
- We have a strict non-conflict policy – We are family lawyers who won’t fight.
- Our job is to work with your agreement
We have made a deliberate choice to avoid involvement in disputes between parties. With a quarter-century of experience in Family Law, we have contributed enough to resolving conflicts. If you don’t have an amicable relationship with your former partner, our firm may not be the right fit for you.
When you contact us, we will respond that we are “too old and too tired to fight.” Not necessarily too old, but we prefer to allocate our energy to more constructive endeavours than combat.
We do not meddle in your Parenting agreement.
.
Our clients have agreed amicably. For some, this happens quickly; for others, it doesn’t. We respect the effort that you have taken to finalise your situation. So long as we believe that your “agreement is fair” and as we act as a neutral party, we will never advise one party to change the agreement. We do not offer independent legal advice.
In conjunction with a mediation session, our fixed fee for Property Settlement in Consent Orders provide excellent value for your family law matters, and may be one of the most cost-effective and timely ways to resolve your family law matters without having to go to court.
We only do Consent Orders.
Kate Austin only works with clients to draft consent orders. We do not draft Binding Financial Agreements or prenuptial agreements, or offer other services.
We are a national service.
As a service that operates nationally, in fact, the world, so long as their matter can be determined in the Australian Family Court. Family law is a national law governing all Australians equally. The same rules apply in all states ( with some exceptions in Western Australia). A registrar within any state (except Western Australia) can determine your consent orders.
Fixed Fee Sevice .
For simplicity, we only charge fixed fees, avoiding confusion and eliminating a potential dispute over fees. We advise our fees in advance and provide you with a trust account request for that amount. That money will remain in your trust account until the matter is finalised. Then we will pay your account usually a week or two later. Fixed fees avoid potential conflicts.
We will only accept your matter if we believe it’s “just and equitable”.
We complete quite a few hundred matters each year. We are proud that we have never had a matter ejected by the Family Court. We can never guarantee what the court will decide; however, after 25 years of Family Law, we can select matters that the Family Court will approve.
About Kate Austin Family Lawyers
We only do Consent Orders.
We only work with clients to draft consent orders. We do not dabble in anything else, and we do not engage in litigation matters. We do not draft Binding Financial Agreements or prenuptial agreements or offer other services.
We are a national service.
We assist clients all over Australia and, in fact, the world so long as their matter can be determined in the Australian Family Court. Family law is a national law governing all Australians equally. The same rules apply in all states ( with some exceptions in Western Australia). A registrar within any state (except Western Australia) can determine your consent orders.
Fixed Fees.
For simplicity, we only charge fixed fees, avoiding confusion and eliminating a potential dispute over fees. We advise our fees in advance and provide you with a trust account request for that amount. That money will remain in your trust account until the matter is finalised. Then we will pay your account, usually a week or two later. Fixed fees avoid potential conflicts.
We will only accept your matter if we believe it’s “just and equitable”.
Our Firm completes quite a few hundred matters each year. We are proud that we have never had a matter ejected by the Family Court. We can never guarantee what the court will decide; however, after 25 years of Family Law, we can select matters that the Family Court will approve.
What is the Kate Austin Parenting process?
Step 1. Talk to us. We work to help people. We need to understand if we can help you, and you need to be comfortable working with us. If we think you can help, we will say so. If not, we may be able to provide you with some suggestions.
Step 2. – We will send you our intake forms and fee disclosure – Talk with your former partner and make sure everyone is comfortable.
Step 3. – Complete the intake forms – we provide these for you. They are online and a question answer format.
Step 4 – We draft your agreement in 24hrs and make changes in a further 24hrs
Final Step—We will send you your agreement to sign electronically using codes on your mobile. Once you have signed, we will submit it to the Family Court. The Family court should approve your agreement within 4 weeks or less.
How long do Parenting Orders with Consent Orders take?
How long does it take a client to Submit Intake forms?
Generally, it will take clients 30-40 minutes to collect all the required information for a property Settlement.
How long will Kate Austin take to draft the agreement?
- We will take 24hrs to draft the agreement
Changes required?
We will have these completed in 24hrs.
The Family Court
- The Family Court has no set time; however, we keep a current metric on average times. 2023 and 24 have been running at an average of 4 weeks.
Associations of Which We’re Part
