How to File Consent Orders Without a Lawyer in Western Australia

If you and your ex-partner have agreed on parenting arrangements and want to make them legally enforceable, you can file Consent Orders yourself through the Family Court of Western Australia's eCourts Portal. The process requires a Form 11 Application, a Minute of Proposed Orders (the actual terms you've agreed on), and supporting documents — all of which you can draft and lodge without legal representation.

Here's exactly how the process works, what the registrar checks, and where self-represented parents commonly trip up.

The Filing Process: 7 Steps

Step 1: Confirm You're Filing in the Right Court

Western Australia is the only state with its own Family Court. You file through the WA eCourts Portal (ecourts.justice.wa.gov.au) — not the Commonwealth Courts Portal used by every other state. If you've been reading guides that mention the Federal Circuit and Family Court of Australia, they don't apply to you.

Step 2: Draft Your Minute of Proposed Orders

This is the most important document — it's the actual terms the court will make into legally binding orders. Every clause must be:

• Specific — "The children live with the Mother from Monday 3:30pm to Friday 8:30am during school term" (not "the children spend most time with Mum")
• Enforceable — each provision must be capable of being monitored and enforced if breached
• Using current terminology — "parental responsibility" and "parenting time" only (the court won't accept "custody," "access," or "visitation" since the May 2024 reforms)

Cover: living arrangements, parenting time schedule, holiday allocation, changeover details, communication between households, decision-making responsibility for major long-term issues (education, health, religion, name changes).

Step 3: Complete Form 11

Form 11 is the Application for Consent Orders. Both parents must sign. It includes:

• Full details of each parent and each child
• A declaration that the proposed orders are in the best interests of the children
• Confirmation that neither party was coerced
• Financial details (if property/spousal maintenance orders are included)

Step 4: Prepare Your Affidavit

Each parent files a short affidavit confirming the arrangements are genuine, voluntary, and in the children's best interests. The affidavit must be:

• Printed on paper (not submitted electronically in draft)
• Signed in the physical presence of a Justice of the Peace, Commissioner for Declarations, or lawyer
• The JP witnesses your signature and stamps/signs the document
• You then scan or photograph the sworn document for upload

Step 5: Create Your eCourts Account and File Number

Register at the WA eCourts Portal. If you already have a Family Court file number from a previous application (divorce, interim orders), use that number. If this is your first filing, the system generates one when you lodge.

Step 6: Upload and Lodge

Upload your Form 11, Minute of Proposed Orders, and sworn affidavits as PDFs. Pay the filing fee (currently $170 AUD for consent orders; reduced for concession card holders). Submit electronically.

Step 7: Wait for the Registrar's Decision

The registrar reviews your documents without a court hearing. Two outcomes:

• Approved: Orders are made and you receive sealed copies. They're immediately enforceable.
• Requisitioned: The registrar identifies deficiencies (vague clauses, incorrect terminology, missing provisions) and sends a letter listing what needs fixing. You have 28 days to redraft and resubmit.

Common Reasons for Requisition (Rejection)

• Using "custody," "access," or "visitation" instead of the post-2024 terminology
• Clauses too vague to enforce ("reasonable time" rather than specific days and hours)
• Missing holiday allocation (the registrar wants to see how Christmas, Easter, and school holidays are handled)
• No changeover details (where, when, who transports)
• Parental responsibility not explicitly addressed (who makes decisions about schooling, medical treatment, religion)

The Cost of DIY vs Hiring a Lawyer

The financial case is clear. The question is whether you can draft clauses the registrar will accept. If you're working from WA-specific templates with pre-written clause structures, the answer for most amicable separations is yes.

The Western Australia Child Custody & Parenting Plan Guide includes a complete Minute of Proposed Orders template with pre-formulated clauses, a Form 11 walkthrough, and the exact eCourts Portal steps — designed specifically for parents filing without a lawyer.

Who This Is For

• Parents who've agreed on parenting arrangements and want them legally enforceable
• Couples who want to avoid $3,000–$7,000 in legal fees for a straightforward agreement
• Parents who've completed FDR mediation and need to formalise their outcome
• De facto parents in WA (same process, same court — the FCWA handles both)

Who This Is NOT For

• Parents who haven't yet agreed (you need FDR mediation first — it's mandatory before court)
• Situations involving family violence or safety concerns (seek legal representation)
• Parents wanting property/financial orders alongside parenting orders (consider legal advice for complex splits)
• Anyone who's been served with an Initiating Application (that's contested proceedings, not consent orders)

Frequently Asked Questions

Do both parents need to sign consent orders in WA?

Yes. Consent Orders require both parties' signatures on Form 11 and both parties must file sworn affidavits. If one parent refuses to sign, you cannot proceed with consent orders — you'd need to file an Initiating Application for contested parenting orders instead.

How long does it take for the registrar to approve consent orders in WA?

Typically 4 to 8 weeks from lodgement, assuming no requisition. If the registrar requisitions (requests changes), add another 4–6 weeks after you resubmit.

Can I change consent orders later if circumstances change?

Yes, but you need either a new set of consent orders (if both parents agree to the change) or a court application to vary the orders (if one parent objects). The court will only vary orders if there's been a significant change in circumstances since the original orders were made.

What if the registrar requisitions my orders — do I have to start over?

No. The requisition letter specifies exactly what needs fixing. You amend those clauses and resubmit. You don't pay another filing fee for the resubmission, but you do need to address every point raised within 28 days.

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