QuoteReplyTopic: Reviewing Consent Orders Posted: 09/May/2012 at 15:29
My recently separated ex and I have verbally agreed on the living arrangement etc for our 1yr old and 6yr old children. I would like to write these up into Consent Orders just in case things go awry (I was advised against a parenting plan by family relationships australia and told just to go straight to the orders).
I don't want to go to a lawyer and happy to do these myself with just the simple things listed so ex doesn't get his back up (after all it is what we have already verbally agreed upon).
My question is, once I've drafted them, who can I get to review them? Is there anyone on this site with experience in this stuff or would I definately have to get a laywer involved?
Thanks
You don't have to get a lawyer involved, however if the intention of getting consent orders instead of just entering into a plan is so that you have something legally enforceable, then the terms of your consent order will need to be written in such a way as to be as unambiguous as possible.
A community legal centre may be able to go over them with you, if not then paying a professional a few hundred dollars at the outset to word it properly may save a lot of time, angst & money later if problems arise over terms not being clear.
Have a look at this template Parenting Plan for some ideas of terms to include. You need to try to cover any conceivable or as many potential areas of conflict in the orders as possible & how issues in dispute are going to be dealt with.
Any opinion given should not be accepted as legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks
Thanks Jaazzz. Not sure what your background is or how involved you are in these, but would you recommend one over the other (consent order vs parenting plan)?
We were hoping not to go through solicitors and be mature enough to work it our ourselves, but I just want to cover all bases.
would you recommend one over the other (consent order vs parenting plan)?
Parenting plans are not legally enforceable, and carrying little weight if things do go to court. Consent Orders on the other hand, even badly written ones, are legally enforcable - and for the most part can be considered final (as they require court intervention to modify, unless you agree on changing it, but then you dont have an issue anyway).
Phoenix..... GD has covered the main difference between the two. Persoanlly, IMO I think if it's possible to sit down together as adults & sensibly discuss children's matters (perhaps with the help of a mediator)then a parenting plan as a first step is the way to go.
The link I gave you earlier includes a template that is a very good starting point. If at any point after entering into that agreement it's not working because one or the other is not honouring it, then you can apply for orders & the court will look at the parenting plan you had both signed off on & focus on the areas of dispute in considering what orders to make.
Whether a plan, consent orders or orders handed down by a magistrate, it's worth remembering that NOTHING can be put into writing that will make people act in a decent manner towards each other if things are nasty. Some people have the mistaken belief that despite all history & animosity, a few pages of court orders will make things work.
In high conflict relationships I can almost guarantee that each party will take whatever opportunity there is to push boundaries & test waters just for the pleasure of annoying the other. If you finish up in one of these types of relationships, the children will be the biggest victims first & foremost.
For that reason, you both need to be ever conscious & considerate of the other right from the outset. There will be occasions when each of you will want to change arrangements for a period of time. If you get along, not a problem. If you don't, something as simple as wanting to go on a holiday for a few weeks will turn into WW3.
Start out amicable & make a conscious effort to keep it that way, even if it means on occasion you have to apologise for something said or done, or be the bigger person if the other won't. Too many separated parents let small things turn into big things (easy to do especially when emotions are still raw) & so on until before they know it things have snowballed out of control, solicitors get involved, proper effective communication becomes all but impossible & neither party is willing to back down.
If you have children together, separation is not the end of your relationship, it's merely a change in your relationship. Look at it that way. Make a conscious effort to think about any proposals you are making regarding parenting from the other parents point of view. How would YOU feel if you were them? Chances are they feel the same.
You both have a common interest & goal in loving & wanting what's best for your kids. Put that on top of your plan. Your kids will love the other as much as they do you & that's how it should be. You can't hurt the other without in some way affecting your kids.
Any opinion given should not be accepted as legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks
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