Parenting Orders (Applicant) - Consent Orders

Purpose of this Guide: Use this fork when both parties have reached full agreement on parenting arrangements and want to formalise that agreement into sealed, legally binding Consent Orders without a court hearing. This on-the-papers pathway is suitable where there are no unresolved safety concerns, both parties have received legal advice, and the proposed orders clearly serve the children's best interests.\n\nJurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), assessed in chambers by a Judicial Registrar without a hearing. This is a fork of the main Parenting Orders Applicant plan and applies nationally, including Queensland registries.\n\nThe Process at a Glance: The lawyer takes instructions and conducts a conflict check and identity verification. The Application for Consent Orders is drafted detailing the children's history and jurisdictional background, along with the mandatory Annexure to Proposed Consent Parenting Order which each party must complete disclosing any section 60CC risk factors. The Notice of Child Abuse, Family Violence or Risk is also required. The Proposed Consent Orders are drafted to be unambiguous and practically enforceable, clearly setting out parental responsibility, live-with, and spend-time arrangements. Before execution, the lawyer provides formal written advice on the rule in Rice and Asplund - that the court will summarily dismiss future applications to alter these orders unless a significant, unforeseen change in circumstances can be demonstrated. Once all documents are executed before a qualified witness, they are formatted strictly to FCFCOA portal standards (both executed PDF and identical unsigned .docx of the proposed orders), uploaded via the Commonwealth Courts Portal, and the matter enters the Registrar's chambers queue for review and sealing.\n\nKey Legislation and Case Law: - s 60CC (best interests criteria the Registrar applies when assessing consent orders in chambers), s 65G (additional requirements where orders favour a non-parent or child welfare authority has been involved - Registrar may decline to make chambers orders and require a Family Consultant report), s 67Z (mandatory risk reporting obligations via the Notice of Risk form). - eFiling portal formatting rules (no tracked changes, security locks, or macros in the .docx). Rice and Asplund [1979] FLC 90-725 (finality principle - high threshold to vary consent parenting orders). The Statement of Truth must be filed within 90 days of signing. Filing fees apply via the Commonwealth Courts Portal unless a fee exemption or reduction is approved.