Agree Childcare Arrangements
||Type up the orders you want in a draft Consent Order bearing in mind
the information above regarding what the court will take into account.
Each order must be in a separate, numbered paragraph and each page must
be signed by each party. Date the last page which should be the same
day you swear/affirm the affidavit in the application (see point 3).
|2.||Complete the Application for Consent Orders form. Both parties must
complete their separate parts and sign it. If you have had independent
legal advice regarding the orders, your lawyer must complete the
section titled Statement of Independent Legal Advice.
|3.||Both parties must swear or affirm the Application before a Justice of
the Peace, Lawyer or other authorised person in their state or
|4.||Make two photocopies of the signed Application for Consent form as well as two certified copies of the draft consent orders.
|5.||File the following documents in the family law registry either by hand or post. It is recommended to deliver by hand as any problems with the paperwork can be sorted out quickly:|
The application must be filed within 90 days of the date of the first affidavit otherwise the application maybe be refused.
Once filed, the registrar will consider the application. If they decide the orders should be made, the register will sign the proposed orders and sealed copies will be sent to you. If not, a notice is sent to you with a brief explanation of what needs to be done and sometimes it will be necessary for the application to be heard in court.
An interim parenting order is one that seeks to make changes to current parenting arrangements prior to the parenting order being made final, therefore does not apply in cases where agreement has been reached by way of an unregistered parenting plan or an agreed consent order.
When considering interim parenting applications, the Court’s paramount concern will be the children’s best interests and will be especially aware of the need to keep stability and routine in their lives. As such, the court would normally only make changes to current long standing arrangements if there is an urgent need to do so.
Please note that an interim parenting order can only be sought when a final Parenting Order is also being sought.
An existing parenting order can be changed by submitting a new one to the Court in a similar way to the original one.
If the existing order was made in a different Court or Family Court registry than the one being used to file the new one, then sealed copies of the existing order must also be filed.
Where parents cannot reach agreement about child maintenance, the rate of maintenance payable for a child can be determined by a court. As a guide to work out how much maintenance should be paid, the court can refer to the Child Support (Assessment) Act 1989 formula.
The court cannot take into account any entitlement of the child or the person with whom the child lives, to an income tested pension, allowance or benefit. The court must also disregard the income, earning capacity, property or financial resources of any person who does not have a legal duty to maintain the child, such as the partner of either the payer or the payee.
There are two categories of child maintenance:
Stage one child maintenance refers to maintenance agreed via orders obtained under the Family Law Act, 1975 (eg consent, final and interim) and applies to the following:
Stage two child maintenance refers to a formula based scheme under the Child Support (Assessment) Act, 1989 for parents who separated, or have children born on or after 1 October 1989.
For parents who are in agreement about child maintenance, the most popular method of recording their agreement is by a consent order as described above.
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