How to File Consent Orders in the ACT (Without a Lawyer)
How to File Consent Orders in the ACT (Without a Lawyer)
You and your co-parent have agreed on a parenting schedule, and now you want it to be legally enforceable — not just a handshake arrangement that falls apart the moment someone changes their mind. Consent orders are the mechanism that converts your agreement into a binding court order without either party stepping inside a courtroom.
What Are Consent Orders?
Consent orders are court-approved orders that reflect an agreement both parties have reached voluntarily. They carry the same legal weight as orders made after a contested hearing. If either parent breaches them, the other can apply for contravention proceedings through the FCFCOA.
The Filing Process at the Canberra Registry
Step 1 — Draft your agreement. Write out the exact orders you want the court to make: who the child lives with, the weekly schedule, holiday arrangements, decision-making authority, and any conditions around changeovers or communication.
Step 2 — Complete the required forms. You need:
- Form 11 — Application for Consent Orders
- Minute of Consent Order — the precise wording of the orders you are asking the court to seal
- Notice of Child Abuse, Family Violence or Risk — mandatory disclosure, even if there are no concerns
Step 3 — File electronically. All standard applications must be eFiled via the Commonwealth Courts Portal. The Canberra Registry (Nigel Bowen Commonwealth Law Courts, corner of Childers Street and University Avenue) can accept physical documents in exceptional circumstances.
Step 4 — Wait for assessment. A Deputy Registrar reviews your application in chambers. Neither parent needs to attend court. Processing time at the Canberra Registry typically runs 4 to 12 weeks.
Step 5 — Orders sealed or requisitioned. If the Registrar is satisfied the orders comply with the law and serve the child's best interests, they are sealed and uploaded to the portal. If there are problems, you receive a requisition letter requesting amendments.
Filing Fees (2026)
| Application Type | Standard Fee | Concession Fee |
|---|---|---|
| Consent Orders (parenting, property, or both) | A$215 | No concession |
| Divorce application | A$1,170 | A$390 |
Concession fees require valid health care or pensioner cards. The consent orders fee is a flat A$215 regardless of whether your application covers parenting, property, or both — one of the few cost efficiencies in the family law system.
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Why Applications Get Rejected
The most common reasons the Registrar requisitions (sends back) consent order applications:
Incomplete financial disclosure. Even for parenting-only applications, the Form 11 requires full disclosure of assets, liabilities, and superannuation. Leaving sections blank triggers an automatic requisition.
Ambiguous language. Writing "the children will spend time with each parent as agreed" gives the Registrar nothing to enforce. Specify exact days, times, changeover locations, and who pays for transport.
Safety gaps. If your application discloses any history of conflict or family violence, the proposed orders must address how changeovers will be managed safely. Failing to include supervised handover arrangements or neutral changeover locations when risk factors exist will delay approval.
Outdated terminology. Using American terms like "sole custody" or "visitation" instead of the correct Australian statutory language — "parental responsibility" and "living/spend time arrangements" — may prompt requests for amendment.
How Long Do Consent Orders Take?
Four to twelve weeks is the standard range at the Canberra Registry. Simple, well-drafted applications with complete financial disclosure clear faster. Applications with incomplete forms, vague clauses, or unaddressed safety concerns can add weeks of requisition cycles.
The ACT Child Custody & Parenting Plan Guide includes the exact drafting language that FCFCOA registrars expect, plus a filing checklist that catches the errors most likely to trigger requisitions.
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