How to File Consent Orders for Parenting in NSW

You've agreed on a parenting arrangement and now you want it legally enforceable. A parenting plan is flexible, but it has no teeth — if the other parent ignores it, you can't take it back to court. Consent orders are the mechanism that gives your agreement the force of a court order without the cost of litigation.

Filing consent orders for parenting through the Federal Circuit and Family Court of Australia (FCFCOA) costs $215 and can be done entirely online through the Commonwealth Courts Portal.

Consent Orders vs Parenting Plans

A parenting plan is an informal, signed agreement between both parents. It's not filed with any court and can't be enforced. A consent order is reviewed by a judicial registrar and, once approved, becomes a binding court order — breaching it can result in contravention proceedings, makeup time, fines, or criminal penalties.

The key trade-off: a parenting plan can be changed anytime by writing a new one. Consent orders require either a new consent order application or proving a significant change in circumstances to the court.

Most family law practitioners recommend starting with a parenting plan to test the arrangement, then converting it to consent orders once both parents are confident it works.

What You Need to File

The FCFCOA requires three documents filed together through the Commonwealth Courts Portal:

1. Form 11 — Application for Consent Orders — the cover application signed by both parents
2. Proposed Minutes of Order — the exact wording of the orders you want the court to make, submitted as an unlocked Word document (.docx) with no tracked changes, images, or macros
3. Notice of Child Abuse, Family Violence or Risk — a mandatory disclosure form, even if there are no risk concerns

The formatting requirement on the Proposed Minutes catches many self-represented parents. The registry needs an editable Word document because the registrar may make minor amendments before approval — if you submit a locked PDF or a document with formatting issues, the application gets rejected and you start again.

How to Draft Proposed Minutes for Parenting

Your Proposed Minutes should cover:

• Who the child lives with (primary residence)
• Who the child spends time with (the other parent's schedule — weekdays, weekends, school holidays, public holidays, special occasions)
• Communication arrangements (phone calls, video calls with the other parent)
• Decision-making for major long-term issues (education, health, religion, name changes) — joint or sole
• Changeover logistics (location, time, who transports)
• Travel and passport provisions (overseas travel consent requirements)
• Dispute resolution clause (what happens if you disagree about something in the future)

Under the May 2024 reforms, the old presumption of "equal shared parental responsibility" has been repealed. The court now assesses each family individually based on the child's best interests — you don't need to justify why you're not proposing 50/50 time.

Filing Step by Step

1. Create a Commonwealth Courts Portal account at comcourts.gov.au if you don't already have one
2. Complete Form 11 — both parents must sign and date it
3. Prepare the Proposed Minutes as an unlocked .docx file with the exact order wording
4. Complete the Notice of Risk — both parents complete their own copy
5. Upload all documents through the Portal and pay the $215 filing fee
6. Wait for the registrar's decision — the registrar reviews the proposed orders on the papers (no court attendance required) and either approves, requests amendments, or rejects

Most straightforward consent order applications are processed within four to eight weeks. If the registrar wants changes, they'll issue a direction and you'll need to amend and resubmit.

Common Reasons for Rejection

• The Proposed Minutes aren't in an unlocked .docx format
• Orders are vague ("the child spends reasonable time" instead of specifying actual days and times)
• Missing the Notice of Risk
• The proposed arrangements don't appear to be in the child's best interests
• One parent's signature is missing

When Consent Orders Make Sense

Consent orders are worth the $215 filing fee when you need enforceability — particularly if there's any history of the other parent not following through on agreements, if you're planning to relocate, or if you want certainty around school holidays and travel.

For a complete walkthrough of drafting your parenting arrangement, preparing the court documents, and navigating the filing process, the NSW Custody & Parenting Plan Guide includes step-by-step instructions and ready-to-adapt clause templates.

See more New South Wales guides →