FAMILY COURT ORDERS - FINALISING AND RECORDING ARRANGEMENTS FOR CHILDREN
- In all disputes relating to the breakdown of your relationship, it is extremely important once a resolution is reached that the terms of that resolution are recorded in writing and approved by the Court.
Consent Orders
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This is a typed written Order, which is signed by you and your partner and then lodged with the Family Court.
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The Order contains express terms upon which you and your partner have agreed.
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The Consent Orders can deal with all issues in dispute in the Family Court including property settlement, spousal maintenance and all parenting orders.
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An Application to approve the Consent Orders (being a Form 11 Application) must also be completed by both spouses and signed. This Application contains details of both spouses income, assets, liabilities and financial resources. This Application must be lodged with the actual signed Minutes of Consent Orders for the Orders to be made.
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Once the Order is signed and lodged in the Family Court, it is then considered by the Court and usually approved, stamped and issued within three (3) to four (4) weeks of filing.
Court Determined Orders
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If you and your partner are unable to agree on the arrangements for children, your matter will be determined by a Registrar or Judge of the Family Court or Federal Magistrates Court.
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In preparation for a hearing we will prepare Affidavit material from you outlining the relevant facts and the proposals you intend for your children and why you say they are in your children's best interests.
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It is important to remember that even if there is no consent before your matter is listed for hearing, there is still an opportunity to negotiate Consent Orders at the Court.
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If there is still no agreement a Registrar or Judge will make interim Orders (meaning an Order until a final Order is made) about residence, contact and specific issues based on your Affidavit material and the submissions of your Barrister or Solicitor.
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Your matter will then be set down for a Trial at a later date for final Orders to be determined by a Judge. If this happens, Consent Orders can be entered into at any time prior to the Judge making a decision in your matter.
Last updated 15 Feb 2008
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Dear Brett & Jennifer,
Firstly, thankyou for your time this morning. It is so reassuring to know there's such a great team in place to support me. You have all contributed to helping me stay on track, more than you know.
Warmest regards,
Justine
