Depending how far into your separation you arem you may have heard of ‘Consent Orders’. These are legally binding agreements between the parents and can involve all aspects of parenting including day-to-day care, education and other activities.

They can be filed with the court any time after a couple separate, and are not just for married couples. If more than a year has passed since the divorce, or more than two years have passed since the end of a de facto relationship, there are more steps involved in filing for these orders, so we recommend it is done sooner rather than later in all cases.

Even if the split is amicable now, and both parties are in agreement about who the child lives with, how much time the child spends with either parent, formalising this agreement means that should the parental relationship deteriorate, or should one party change their mind and make things difficult, there is a legally binding agreement in place to fall back on.

It should be noted that consent orders are drawn up with the best interests of the child in mind. Their wellbeing and emotional, psychological and physical happiness is at the core of any agreement. The representing lawyers can put forward what each parent desires, but a child’s rights to have access to both of their parents is paramount.

• Who the child lives with including shared arrangements.
• How much time a child spends with the parent with whom they are not living. This may also include anyone else who plays an important part in their life, such as a grandparent. It may be face-to-face interactions, video link meetings, phone, email or letters.
• The amount of child maintenance that is to be paid, how often, and to whom.
• Any other aspect of a child’s life such as religion, education or sport.

These legally binding orders can be upheld by the court. A party who is in breach of them can be held in contempt of court, which carried a custodial sentence. This sounds ominous, but in reality it is much more of a deterrant to breaking them than anything else. However, these agreemens should be taken serously and followed as closely as possible.

We recommend getting legal advice on drawing up consent orders as soon as possible after the separation. Call us to see if you are eligible for a free consultation with a legal representative to find out more.

The information in this article is for general guidance only and should not be used as a substitute for consultation with a qualified legal advisor.