How to File Consent Orders for Parenting in Australia

Consent orders are the middle ground between an informal parenting plan and a fully contested court battle. You and your co-parent agree on arrangements, then ask the court to make that agreement legally binding — without a trial, without cross-examination, without separate lawyers arguing your case.

They're the most cost-effective way to get enforceable parenting orders, and the process is straightforward once you know what the court expects.

What Consent Orders Are

A consent order is a court order made by agreement rather than by judicial decision. Under the Family Law Act 1975, the court can make consent orders for parenting arrangements, property division, or both.

The key difference from a parenting plan: consent orders are court-enforceable. If one parent breaches them, the other can apply to the court for enforcement, which can result in make-up time, community service, fines, or in serious cases, imprisonment.

The Filing Process

Step 1: Draft the Minute of Consent Orders

This is the formal document setting out exactly what you've agreed. Write it in clear, specific terms using the court's standard format.

Each order should be numbered and cover one topic — don't bundle multiple arrangements into a single paragraph. Use specific language: "The child shall live with the Mother" (not "primary care will be with Mum"). Include days, times, locations, and contingency provisions.

Step 2: Complete Form 11

The Application for Consent Orders (Form 11) is the cover document that accompanies your Minute. Both parties must sign it, confirming they've read the proposed orders, understand them, and genuinely consent.

Step 3: Prepare Mandatory Attachments

You'll need:

• The signed Minute of Consent Orders
• A Notice of Child Abuse, Family Violence or Risk (Form 4 — required even if there are no concerns; you tick "No" in each section)
• Children's birth certificates

Step 4: File via the Commonwealth Courts Portal

All filing is electronic through the Commonwealth Courts Portal (comcourts.gov.au). Create an account, upload your documents, and pay the fee online.

Step 5: Pay the Filing Fee

The filing fee for consent orders (parenting only) is $215 from 1 July 2026. If your consent orders also cover property, the fee is higher. Concession rates are available with a valid government concession card.

What the Court Checks

A registrar reviews your proposed orders without a hearing. They're checking whether the arrangements reflect the child's best interests under Section 60CC — the same six-factor test used in contested proceedings:

1. The child's safety
2. The child's views (if expressed)
3. Developmental and cultural needs
4. Each parent's capacity
5. Relationship maintenance benefits
6. Any other relevant circumstances

The registrar doesn't investigate your family situation or interview anyone. They're reviewing the documents for internal consistency, legal compliance, and obvious red flags.

Common Reasons Consent Orders Get Rejected

Orders are too vague. "Reasonable time" or "as agreed" leaves too much to interpretation. Courts want specific schedules, named decision-makers, and clear contingency provisions.

The arrangement looks unworkable. If one parent lives in Darwin and the other in Melbourne, and the orders specify alternating weekends, the registrar will question whether this is practicable.

Safety concerns aren't addressed. If the Notice of Child Abuse, Family Violence or Risk discloses concerns but the proposed orders don't include protective measures (supervision, restricted overnight contact), the application will likely be returned for amendment.

Missing signatures. Both parties must sign the application and the Minute. If one party's signature is missing, the application is incomplete.

How Long Does It Take?

If the paperwork is correct and the proposed orders are clearly in the child's best interests, consent orders are typically made within 6-12 weeks of filing. There's no hearing — the registrar makes the orders "on the papers."

If the registrar has concerns, they may request further information or list the matter for a short hearing.

Consent Orders vs Other Options

For parents who've reached agreement, consent orders are almost always the right choice. You get the enforceability of court orders without the cost and conflict of litigation.

The Northern Territory Child Custody & Parenting Plan Guide includes a complete consent orders walkthrough with a pre-drafted Minute template, Form 11 guidance, and a checklist of mandatory attachments specific to the FCFCOA Darwin registry.

See more Northern Territory guides →