Consent Orders
Consent orders are a very effective way to record an agreement between two separating people. Journey Family Lawyers are experts at helping you reflect your agreement in a document that is legally binding and protects your future. The basic forms for Consent Orders is available from the Family Court website for children’s matters. While the Application I would recommend getting the orders themselves drafted (or at least checked over) by a Solicitor.
Property settlement by Consent order is possible too. It is a bit harder to do though. First you should be certain that your orders are fair because the Court has to approve them. Then just fill out the Application and get your orders drafted. We are very good ( if we do say so ourselves) at getting instructions and quickly formulating the orders that reflect your agreement that will see you protected and your case resolved.
Read our property law notes here and read our resources to get a better idea of how consent orders work. Call us to speak to a lawyer for free.
Hi could you plz give me advise on how to change my 16 year old child last name into mine as ATM she is under her fathers name… Iam havin trouble as on her birth certificate she is under her fathers name but I got a solicitors letter for her schools that she will be under my name which she has used my surname for the last 15years but now as she is due for her learners she can’t get the because she has both names all I have in her fathers surname is her birth certificate n all the other like school doctors bank card Medicare card are all under my last name and we need to show documents which I can’t provide with all the same name… Iam hope this make seance to you need urget help… Or plz call me 0429598979 concern mother.. Thanks selina
Hi,
You can apply to the court for an order in relation to changing the child’s last name. A lot depends on your situation. You would normally need to serve a copy of the application on the father. If for instance the father doesn’t see the child much, your chances of having the court agree, are higher. Alternatively, if the father regularly sees the child and objects, your chances are a lot less.
Hope this assists. If you have further queries, please call our main office on 38325999 and ask for a free telephone consultation.
Hi,
I am wondering if there is any order or form I can apply to prevent my soon to be ex husband to remove all his savings to another person to prevent assets settlement? What should I do to have it done? Thank you!
Lily
Lily,
Hi.
The court does have the power to make orders along the lines as to what you are suggesting. However, they look very carefully before making such orders. They look at the reasons why and so on. A lot depends on the individual circumstances. For instance, if the money is a substantial part of the property pool, they are more inclined to make such orders.
If it is a significant amount, you should consult a family lawyer. In any event, if you are separating, you should see a lawyer about your rights and options.
Hope this helps. Let me know if we can assist further.
Hi,
My son lives with me, and his mother lives 250km away, and is seeking to draft a consent order with me, that would see us meet at a half way change over point for her fortnightly visits. I travel 1100km a week, to and from work, and can not physically afford the extra drive time that would be placed on me, let alone the extra car costs. What would be a way to approach a sensible outcome for our son, without both of us digging our heals in…. I have suggested to reduce child support amounts and meet her 50km from our residence to help reduce her costs and drive times, but it seems that half way is her only option.
Charlie
Charlie,
Hi.
I think you should get the benefit of some mediation service to assist you. I am not sure where you live but there are a number of community based systems such as Relationships Australia as well as Legal Aid who could provide a service.
They can assist with mediation and in the case of Legal Aid Queensland, they can also provide an arbitration service. This avoids costly court processes.
If you are not eligible for legal aid, there are many private mediators who can assist, again depending where you live.
Hope this is of some assistance. Let us know if we can assist further.
Regards
Journey family lawyers
Hi.
Myself and my 3 year daughters father have a consent order in place by the court. It is due to be reviewed in August as my daughter will be attending school next year. What im wanting to know is can I apply to the court earlier to get the order changed?? The reasons why is that even though we are not in a relationship the father still commits domestic violence. I do have a DVO which he has breached three times. one of these occasions was at change over where he pushed me and denied me access to our daughter by locking her in his car. For all breaches our daughter was present. I have contacted the police about the breaches. I am extremely concerned about our daughters safety with in especially after the last incident. What can I do?? Some advice would be great. Thankyou
Dear Leissa,
Yes you are able to apply earlier to the Court for the Court Order to be changed.
Whether the Court allows your application to proceed to have the Court Orders changed is a different question.
In order to change a Court Order, you must establish to the Court that there has been a ‘significant change in circumstances’ since the Court Order was made. This is a reasonably difficult hurdle to get over as the Court’s are reluctant to entertain an application to reverse/change a previous parenting order.
A significant change in circumstances is broadly defined as some changed circumstance or new factor arising since the previous court orders were made or that was not disclosed to the Court when the orders were originally made (or if applicable, the Hearing date) which would have been material to the Court in determining the orders that are in the children’s best interests.
It is a question of the Court finding that there are circumstances present which were not present or before the Court at the time the previous orders were made (if applicable the Hearing) which justifies the Court reconsidering afresh what orders are in the children’s best interests.
In this circumstance, the facts you allege constitute a significant change in circumstances are (1) the breaches by the Father of the Domestic Violence Order which occurred in the presence of the children and (2) the fact that the children have reached school age.
Putting aside the fact that the Orders provide that they are to be reviewed when the children commence school, neither of the above issues alone would in most circumstances constitute a significant change in circumstances so as to justify a reopening of your parenting application and a reconsideration of the Orders that are in the best interests of your children.
However, in your circumstances, given the fact that there is a clause in the Order indicating that the Order is to be reviewed in August 2014 and the fact that the Orders do not provide for the time that the children are to spend with each parent when the children start school, there needs to be a reconsideration of the Orders in order to provide for the time the children spend with each parent at that time. If the Orders are not reviewed by the Court once they children commence school, they will be outdated, impracticable and unworkable. In those circumstances, given the framing of the Order, the Court would consider that there has been a significant change in circumstances to justify a reopening of your parenting application.
Persons in similar circumstances should be very careful when final court orders are made that they ensure that there is provision in the order with respect to a review of the orders when the children commence school (or on a particular date/event occurring) if in fact, this is the intention of the parties when the Order is made. Otherwise, there is no guarantee that the Court will reopen the application and reconsider the orders that are in the children’s best interests.
I would recommend filing your Application in the Federal Circuit Court of Australia in the near future, given the hearing of the application is set between two and three months from the date the application is filed.
Prior to filing your application, it is a prerequisite that you participate in Mediation with the Father and obtain a mediation certificate (known by lawyers as a s60i certificate). You can apply to attend mediation with the other party through relationships Australia, Legal Aid Queensland or a private mediator.
Hi, I have had a consent order in place for my 6 year old daughter for about 1 year now. I have majority custody. Neither my nor my daughters mother’s circumstances have changed but she says that she has changed her mind and wants half custody. Is it difficult to change a court order if one parent does not want to?
If there is an order in place then before the Court will change it the party wanting the change has to show that there is some changed circumstance which will justify such a serious step, some new factor arising or, at any rate, some factor which was not disclosed at the previous hearing which would have been material. This is from a case from 1979 called “Rice and Asplund”. It is not in the child’s best interests to have to put up with endless litigation between her parents.
Changed circumstances could be that the orders are not working, that the post separation co-parenting relationship has broken down to the point that your daughter is being damaged, or that your daughter expresses very strong views on the matter, and that her age or maturity mean that the court should listen to those views, or that the mother did not understand what was going on when the orders were made.
If the mother wishes to change the orders and you do not agree, then she would have to ask the Court to change the orders. The court will be reluctant to do so if the present orders are working.
Unless there has been family violence, abuse or there is urgency, the mother would have to file a certificate from a family dispute resolution provider showing that she has tried family dispute resolution (mediation) with you and either it did not work, or you refused to go.
It may be that family dispute resolution will be helpful in your circumstances as if there is no reason to change the orders, then the family dispute resolution provider can discuss that with you both and may gently let the mother know about the rule in Rice and Asplund. You can also raise the importance of consistency and stability for your daughter with the mother. If there is a reason to change the orders, then family dispute resolution will give you and the mother an opportunity to work together to come up with arrangements that are in your daughter’s best interests and are practical on a day to day level. You and your daughter’s mother know your situation best.
We offer a preparation for family dispute resolution package which involves a one hour meeting with an experienced family lawyer and a pack of the relevant legislation. Please call us on (07) 3832 5999 for further details.