Consent Orders South Australia: How to File Parenting Consent Orders

Why Consent Orders Exist

A parenting plan is a handshake on paper. If the other parent ignores it, your only option is to go back to mediation or start court proceedings from scratch. Consent orders fix that problem — they carry the same legal weight as a judgment made after a trial, which means breaches trigger enforcement action through the Federal Circuit and Family Court of Australia (FCFCOA).

For South Australian parents, consent orders are the standard way to lock in a tested parenting arrangement. You don't need a lawyer, you don't need a court hearing, and you don't need to prove any wrongdoing. You just need both parents to agree on the terms and file the paperwork.

What Consent Orders Cover

Parenting consent orders typically address:

• Living arrangements — which parent the child primarily lives with
• Time spent — the regular weekly schedule, plus holiday and special occasion splits
• Parental responsibility — whether major long-term decisions (education, health, religion) are shared or allocated to one parent
• Communication — how the child maintains contact with the parent they're not currently with
• Changeover logistics — where, when, and how handovers happen
• Travel and relocation — rules around domestic and international travel, passport holding, and notification requirements for moves

You can also include property and financial provisions in the same set of consent orders, though most parents filing parenting-only orders keep them separate.

The Filing Process Step by Step

1. Draft the Minute of Consent Orders. This is the document that becomes the actual court order. It needs to be written in specific, operational language — not vague aspirations like "the parents will share time equally." Registrars may query drafts that leave room for interpretation.

2. Complete the Application for Consent Orders (Form 11). Both parents sign this form, which includes a declaration that the proposed orders are in the best interests of the child and that both parties enter the agreement freely.

3. File through the Commonwealth Courts Portal. The FCFCOA uses an online eFiling system. You upload Form 11 and the Minute of Consent Orders, pay the filing fee, and submit.

4. Registrar review. A registrar reviews the application on the papers — no court appearance required. They check whether the proposed orders are in the child's best interests under Section 60CC and whether the terms are legally workable.

5. Orders made or queries raised. If the registrar is satisfied, they make the orders. If not, they'll send queries asking for clarification or amendments. Common reasons for queries include vague scheduling language, inconsistent clauses, or arrangements that raise safety concerns.

What It Costs

The FCFCOA filing fee for consent orders is $215 (2026 rate). Fee exemptions are available if you hold a Commonwealth health care card, receive an income support payment, or can demonstrate financial hardship.

Compare that to the cost of having a lawyer draft and file consent orders on your behalf — typically $3,000 to $7,000 in Adelaide, depending on complexity.

What Registrars Look For

The registrar isn't rubber-stamping your agreement. They're checking whether the proposed orders genuinely serve the child under the six Section 60CC best interests factors introduced by the May 2024 reforms:

• Safety — any mention of supervised time, exchange arrangements, or restrictions on contact will get close scrutiny
• Specificity — "every other weekend" isn't specific enough; the orders need exact days, times, and pickup/drop-off locations
• Holiday provisions — orders that don't address school holidays, public holidays, and special occasions (birthdays, Christmas, Easter) will likely draw a query
• Practicality — arrangements that assume both parents live in the same suburb but don't account for potential relocation are flagged

Common Rejection Reasons

Vague language. "The child will spend reasonable time with the father" gives the registrar nothing to enforce. Specify days, overnights, and transition times.

Missing provisions. Consent orders that cover the school-term schedule but say nothing about holidays, birthdays, or communication between the child and the non-residential parent are incomplete.

Inconsistent terms. If clause 3 says the mother has sole parental responsibility for education but clause 7 says both parents must agree on school enrolment, the registrar may query the inconsistency.

Safety concerns not addressed. If either parent has disclosed family violence or there's a history of intervention orders, the registrar expects the orders to include appropriate safeguards — supervised changeovers, no direct communication between parents, or third-party handover locations.

Consent Orders vs Parenting Plans

Most families benefit from starting with a parenting plan to test the arrangement, then converting to consent orders once the schedule is proven. The South Australia Child Custody & Parenting Plan Guide includes worksheets for both — a parenting plan drafting template and a consent order preparation checklist that maps directly to what registrars expect in your filing.

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