Finalise your agreement with Consent Orders.
Once you have reached agreement about your property or parenting issues in Mediation, the terms of your agreement should be documented and formalised in a legal document called Consent Orders.
The terms of the agreement reached are set out in numbered paragraphs and are accompanied by an Application for Consent Orders form. Each of these documents need to be signed by both parties and filed with the Court with a filing fee of $170.00.
After the documents are filed in the Court, a Registrar will review the agreement and, if their approval is given, the Registrar will make Court Orders in accordance with the terms of the agreement.
The Court Orders have the same effect as if a Judge had made a decision but without the time, expense and stress of your having to go through the entire Court process. In addition, each parent must strictly comply with the Orders as, where one parent does not comply, the other parent may make a further application to the Court for breach of the Orders.
Where parents prefer to have some flexibility in their agreement, they might consider having their agreement documented in a Parenting Plan. A Parenting Plan clearly documents the terms of the agreement with room for the parties to continually update it, or to have some flexibility with agreed arrangements, without the concern of Court action for breach.
Consent Orders or a Parenting Plan can deal with the following issues: