Family Law

Consent Orders in Victoria

– Custody and living arrangements with your child’s best interests in mind

Consent Orders and Parenting Plans

No matter the circumstances, separation is difficult. But when children are involved we know this carries extra emotion through a challenging period. The team at WVB Lawyers ensure your children’s best interests are at the heart of determining appropriate living arrangements going forward. 

Our experienced family lawyers can assist with consent orders and custody arrangements for Victorian families. 

Seeking legal advice for Children’s Matters

When parents separate, there are no rules in regards to what should be the living arrangements of the children.  A mother and father can determine between themselves verbally what living arrangements they agree to be best for the children. Or if the parents cannot agree they have options for seeking assistance, such as mediation or seeking out a solicitor to help in the negotiations. 

If there are any urgent factors in a case, such as violence, drugs or even a relocation that has not been consented to by the other parent, then an application should be made to the Family Court of Federal Circuit Court as a matter of urgency.

Factors that are considered when making appropriate living arrangements

  • Who was the primary caregiver of the children during the relationship? 
  • Did both spend an equal amount of time parenting? 
  • If one parent was with the children more than the other, how ‘hands on” was the other parent? 
  • What arrangements would best achieve consistency? 
  • Who has the availability to care for the children, particularly factoring in work commitments?

Putting in place an agreement in writing

If parents can agree upon the appropriate living arrangements with the children, they have the choice to just have a verbal agreement. Or they can commit that agreement to writing so that they both know where they stand for the future and can ensure consistency for the children.

A parenting plan  

A parenting plan simply needs to be in writing, dated and signed by the parties.  Therefore, it can be prepared by the parties themselves. It is not binding which means if either of the parents does not comply with the parenting plan then they have not broken any Court Orders.  

Consent Orders 

These are set out on Family Court documentation and prepared by a solicitor taking into account future events.  They are sent with an Application to the Family Court asking the Court to consider them and then grant approval to those Orders.  Once those orders have been approved if either parent contravenes those Orders then the other parent can make an application to the Court for a Contravention Application. 

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