Child Custody Consent Orders are legal agreements, made legally binding via Court Orders, between parents or caregivers regarding the custody and care arrangements for their children. These orders outline the parenting arrangements, which may include where the child will live, how much time they will spend with each parent, communication between parents and children, and other important matters related to their upbringing.

The purpose of obtaining Child Custody Consent Orders is to have a legally binding agreement that sets out the rights, responsibilities, and arrangements for the care of your children. By obtaining these orders, you can have clarity and certainty about your parenting arrangements and ensure that they are enforceable by law.

Parents or caregivers can make informal agreements between each other, however, if one party does not stick to the agreement, the agreement is not enforceable through the Court.

Child Custody Consent Orders can address various issues related to parenting, including the child’s living arrangements, the time they spend with each parent, holiday and special occasion arrangements, communication between the child and parents, decision-making responsibilities, and any other specific matters that are relevant to the child’s welfare and best interests.

Yes, Child Custody Consent Orders are legally binding in Australia. Once the court approves and makes the orders, both parents are legally obligated to comply with the terms outlined in the orders. It is essential to ensure that the orders are clear, comprehensive, and in the best interests of the child before seeking court approval. Working with a family lawyer prior to applying for consent orders can make it easier to create fair, clear and comprehensive agreements.

While it is not a legal requirement to have a lawyer, it is highly recommended to seek legal advice when obtaining Child Custody Consent Orders. A family lawyer can provide valuable guidance throughout the process, ensure that your interests are protected, and help draft the orders to accurately reflect your agreed-upon arrangements.

It’s easy for family law matters to be difficult to resolve due to their emotional nature and having a solicitor can help make the process a lot easier.

When making Child Custody Consent Orders, the court considers the best interests of the child as the paramount consideration. Factors such as the child’s age, their relationship with each parent, their views (depending on their age and maturity), the capacity of each parent to provide for the child’s needs, any history of family violence or abuse, and other relevant factors will be taken into account.

Yes, Child Custody Consent Orders can be modified if there is a significant change in circumstances or if both parents agree to the changes. However, it is important to note that any modifications or variations to the orders must still be in the best interests of the child. Before making any changes to existing orders, it is advisable to consult with a family lawyer to understand the process and requirements for modifying the orders.

The time it takes to obtain Child Custody Consent Orders can vary depending on several factors, such as the complexity of the arrangements, the level of agreement between the parents, and the Court’s workload. On average it takes two to three weeks for the Court to issue Child Custody Consent Orders from the time of filing the Application for Consent Orders.

If a term of a Consent Order is breached by a parent, the other parent can seek legal remedies through the court system. This may involve applying for enforcement of the orders, seeking a variation of the orders, or other appropriate legal action. In these situations, we highly recommend consulting with a family lawyer before acting as every situation is very different and there can be significant consequences if orders are breached.

In certain circumstances, grandparents or other family members may be eligible to apply for Child Custody Consent Orders. However, they must demonstrate to the court that it is in the child’s best interests for them to have significant involvement in the child’s life. The specific requirements and considerations will depend on the circumstances of each case.

There are generally no strict time limits to apply for Child Custody Consent Orders. However, it is advisable to seek legal advice from an experienced family lawyer and proceed with the application as soon as possible to establish stability and certainty for your child’s future. Delaying the application may result in ongoing uncertainty and potential complications in the parenting arrangements.

The cost of obtaining Child Custody Consent Orders can vary depending on various factors, such as the complexity of the arrangements, the level of agreement between the parents, and if you work with a lawyer, the fees charged by the lawyer. It is advisable to discuss the cost with a family lawyer during the initial consultation. Some lawyers may offer fixed-fee packages for obtaining Child Custody Consent Orders, while others may charge an hourly rate.

We offer a free consultation during which we can discuss costs associated with your matter.

If the other parent refuses to agree to Child Custody Consent Orders, it may be necessary to explore alternative dispute resolution options, such as mediation or negotiation, to try and reach an agreement. If these attempts are unsuccessful, you may need to consider applying to the court for a parenting order, which involves a more formal legal process. A family lawyer can guide you through the appropriate steps to address the situation effectively.

Our family law firm is based in Townsville, Queensland, and while we work with many people in the local area and surrounding region, including in Mt Isa, all of our family law services, including those related to property settlement proceedings, are available to people Australia-wide.

Get in touch with us by calling us on 07 4426 1980 or booking a free consultation here.