Consent Orders for Grandparents in Australia: How to Formalise an Agreement

When everyone agrees that the child should live with you — the parents, you and any other relevant parties — consent orders are the fastest and cheapest way to turn that agreement into a legally binding court order. No contested hearing, no trial, no cross-examination. A registrar reviews the paperwork in chambers and, if satisfied the arrangement serves the child's best interests, seals the orders.

Consent Orders vs Parenting Orders

Consent orders are parenting orders. The distinction is in how they're made, not what they do. A consent order carries the same legal authority and enforceability as a final order made after a contested trial. The difference is the process: instead of arguing before a judge, all parties negotiate the terms and submit them jointly.

Once sealed, a consent order lasts until the child turns 18, marries, enters a de facto relationship or is adopted. Breaching a consent order can result in enforcement proceedings — the same as breaching any other parenting order.

How to Apply

In the FCFCOA (all states except WA for some matters):

1. All parties agree on the parenting arrangements — who the child lives with, contact schedules, decision-making allocation
2. Draft the proposed orders in the format the court requires (clear, numbered paragraphs specifying each arrangement)
3. Complete the Application for Consent Orders using the court's consent orders kit
4. Each party signs a Notice of Risk (FCFCOA-NOT19)
5. File through the Commonwealth Courts Portal with the $215 filing fee

In the Family Court of Western Australia:

1. Use Form 11 — Application for Consent Orders
2. Attach the agreed draft orders and Notice of Risk
3. File through the eCourts Portal of Western Australia with the same $215 fee

Neither pathway requires a court appearance. The registrar reviews the application on the papers. If something is unclear or the proposed arrangements raise a concern about the child's welfare, the registrar may send the matter back with questions or, rarely, list it for a short hearing.

Do You Need a Lawyer?

Technically, no. Many grandparents prepare consent orders themselves, particularly when the agreement is straightforward — the child lives with you, the parents have regular contact, you handle day-to-day decisions and major long-term decisions are shared or allocated specifically.

The risk of doing it without a lawyer is drafting orders that are vague or unenforceable. "The child spends time with the mother" is harder to enforce than "The child spends time with the mother every second weekend from Saturday 9am to Sunday 5pm." Specificity matters because, if the arrangement breaks down later, the court can only enforce what the order actually says.

A Legal Aid duty lawyer or community legal centre may be able to check that your drafted orders are clear and complete; ask about availability before booking.

Do You Still Need FDR?

Section 60I generally requires a certificate with a parenting application unless a statutory exemption applies. For a joint consent application, check the current court kit for the supporting documents to file. Many consent orders emerge from FDR sessions where a practitioner helps the parties work through the details.

The Parenting Orders for Grandparents and Relatives guide includes a consent orders preparation section with sample clause structures for common grandparent care arrangements.

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