What If We Can’t Agree Whether or Not To Vaccinate Our Child?

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If a separated couple has reached an agreement on their property settlement, it can be formalised through a consent order with the help of a Perth family lawyer.

 

Disputes regarding vaccinations are handled by the Federal Circuit and Family Court of Australia and have become particularly relevant with the current COVID-19 outbreak. These disputes fall under “parental responsibility”. Parental responsibility refers to all the duties, powers, responsibilities, and authority that parents have with respect to their children.

As each parent is presumed to have equal and shared parental responsibility. If there is a disagreement on a health issue, the Court can either order one parent to have sole parental responsibility if the Court considers that would be appropriate in order that a certain issue such as the health of a child can be managed by a parent if there is a disagreement.

If parents are unable to agree, they can attend mediation with a certified mediator or organisation in an attempt to resolve the dispute

Separation is a simple process for some couples. However, reaching an agreement regarding their children and property settlement can be difficult. It is possible to legally bind the agreement if you have all the tools and knowledge.

However, if you don’t make your agreement legally binding and exercise caution, you could expose yourself to significant risks.

Consent Orders are a great way to ensure that your settlement agreement is final and legally binding.

 

What makes the Application for Consent Orders such an appealing way to settle?

 

The principal reason is that parties can seek a legally binding Court order for property settlement without having to go through the stress, expense, and hassle of a court case. An Application for Consent Orders is a form of consent that allows parties to settle their property disputes without ever having to enter a courtroom.

Instead, parties fill out a paper form and send it to Court electronically or by post.

Consent Orders can also be obtained to settle property and make parenting arrangements. This article will concentrate on Consent Orders when the property is divided in a legally binding manner.

For questions on the parenting side of things, please don’t hesitate to contact our friendly team at Burra-Robinson Family Lawyers.

 

What are Consent Orders?

 

A consent order is a written agreement between you and your former spouse that is approved by the Family Court of Australia. All parties must consent to the agreement. Consent Orders cannot be applied for without the consent of your former partner and vice versa.

You and your ex-partner must complete the Application for Consent Orders. The Consent Minutes of Order must also be completed.

An Application for Consent Orders needs specific information. It includes information about the relationship, income values, disclosure of all assets and liabilities, superannuation, and details about each party. Also, you must provide details about the proposed division of property and the settlement agreement. Your application will be processed internally by the court, so you won’t need to appear at any court hearings.

 

Are my Consent Orders Legally Binding?

 

Consent Orders are made by the Family Court of Australia. They are legally binding documents. The Order is called a Consent Order when both parties agree to its making.

A Registrar (a type of judicial officer that acts a little like a judge) will approve your application and place the date (and the court seal, which is a red stamp) on the Application for Consent Order documents.

The sealed Consent Order becomes final and binding as of that date. This means that all parties are bound to comply with the consent orders as set out in the set agreement.

A party may breach Consent Orders. This could have both financial and practical consequences. For example, the breaching party may have to pay the victim’s costs.

An Application for Consent Orders is a way to settle the property. It gives you the legal protection of a court order. You don’t have to go through lengthy and expensive court proceedings or even step into a courtroom.

Although parties are not required by law to have a Perth family lawyer for this process, they may choose to hire one to help them draft and file an Application for Consent Orders. As problems may arise, we do suggest hiring a divorce lawyer to ensure the smoothest and best outcome for you and your loved ones.

 

Note

Parenting orders do not have the same treatment as property orders. This is especially true when younger children are involved. Parental orders can be modified as the needs of a child change. What is appropriate for a child in their teens or older years may not apply to a child who is younger. The Court must be shown that there has been a “material change in circumstances” which warrants the modification of the orders. As a first step, mediation and negotiation should be explored. If the parties reach an agreement, new Consent Orders may be made. If that fails, the parties may have to submit a new application to the Family Court.

 

What are the steps to obtaining a Consent Order?

 

You will need to complete and apply for Consent Orders, which are made up of two documents. It reflects your settlement agreement.

To ensure the court approves and seals the Consent Minute of Order, the documents must be correctly drafted and aligned with each other. If you have any questions, please contact us at Burra-Robison Family Lawyers.

 

How to Apply for Consent Orders

 

Two main documents must be filed with each application for consent orders. These documents together allow the court to determine the facts of each party and the type of property settlement order they seek.

 

Application for Consent Orders (ACO) document

The court will need all the facts and information regarding the parties’ situation, their relationship, and the proposed division.

 

Consent Minutes Order (CMO) document

Consent Minutes of Order documents are responsible for telling the court what legal orders you want the court to make.

Consent Minutes of Order have specific legal language and formatting. They must be correctly drafted to prevent your application from being rejected. Consent Minutes of Order documents are usually best prepared by Perth divorce lawyers.

 

What other alternatives exist to consent orders?

 

You can save time, stress, and thousands of dollars by negotiating an informal property settlement agreement. Next, you’ll need to convert your informal agreement into a legally binding and formal property settlement. As Perth divorce lawyers, we can assist you with this process.

Your informal agreement is not binding. It doesn’t matter if you sign it and write it down before a Justice of the Peace. However, it won’t be legally binding under Australian law.

It is crucial to make sure that your settlement is legally binding to avoid the possibility of one-party claiming property settlement.

There are only three options to reach a legally binding property settlement agreement in Australia.

  1. Consent Orders-Application
  2. Financial Agreements (also known as “Binding Financial Agreements”)
  3. Adversarial litigation in court

  

What documents do I need, and why should I hire a lawyer?

 

A Perth divorce lawyer will help determine the best document for your needs and explain the limitations of each. They can help minimise potential pitfalls and ensure that documents are written in a way that is easy to understand. Every order includes a provision that allows the Register to sign documents on behalf of a party in breach. Perth family lawyers also detail what happens in case a default occurs, so there are no additional costly disputes about enforcing the orders.

There are many options to minimise legal costs in a Perth divorce or separation. However, it’s important not to skimp on the formalisation and delivery of a property contract. When it comes down to the drafting of legal documents, money spent is money saved. If you need a Perth family lawyer, contact Burra-Robinson Family Layers in Perth today.

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