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Are Parental Consent Orders worthwhile?

Do Parental Consent Orders work?

I have been separated from my ex for approx. 18 months. My 3 children reside full time with me and one of my children (16) is mentally disabled.

My ex often disrupts my son's education or programs that I have in place to develop his potential. His school teachers have approached me and requested that I get some court orders as they can see how the disruption affects my son. It usually happens when my Ex's family is in town, otherwise he's not that interested. He has refused to pay any support and the CSA are now in the process of putting in place the system of garnishing his wage.

I am happy for my ex to have custody of my son every other w/end or something similar, as well as, some school holiday time etc but I'm in 2 minds about going through the distress and expense of consent orders.

On the one hand, it's not like it's going to go away when he turns 18, he will need ongoing care and support for the rest of his life. My ex previously got charged with Domestic Violence but because my disabled son was the only witness the judge said that she couldn't charge him.

I have been told that consent orders can be a waste of time. That if the parent decides not to uphold them that nothing can be done. I asked the police what would happen if my ex just took my child. They said they would do nothing unless they felt the child was in danger. A lawyer told my mother that consent orders give virtually no protection against any parent walking into the classroom and taking the child.

I can't believe that. Why would people then bother? Any advice or previous experience would be greatly appreciated.

Thanks.
The vast majority of people cooperate around family arrangements after separation and that is when Parenting Plans work well… Where parents do not cooperate it becomes far more difficult. The Police officer you spoke to was mostly correct. There are a number of stations (Particularly) in the country areas that will go and intervene in family matters especially where the community is small and close knit. Otherwise where there are no court orders there is nothing that can be enforced.  

The Search facility on the site will show much of what you need. Take a good look around. There are tens of thousands of resource pages here.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Even if there are court orders involved the police can not assist, its the federal police that need to be contacted (Breach of Court Orders)

Parental agreeements can be submitted to the courts to make them legally binding - your best bet is to go througha  mediation session and let them do all the paper work, sign off, submitting.
KTH said
Parental agreeements can be submitted to the courts to make them legally binding
Parenting Agreements or Parenting Plans CANNOT be submitted to the Courts.

Consent Orders can be registered (sealed) and are legally binding.

There is a great deal of legal difference between, plans, agreements and orders.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
Speaking of which, does anyone know where I can get some sample consent orders about care arrangements?

Once again, another very significant care change (albeit a good one) being proposed, which means I run around looking into costs and legalities only to have her change her mind again and decide she now wants something completely different. One of these days scatterbrain will stick with one set of demands long enough for me to get them formalised. Good times…   :(
Sunnyside said
Speaking of which, does anyone know where I can get some sample consent orders about care arrangements?
Sunnyside, there are some basic orders in this document:

http://flwg.com.au/forum/pg/topicview/misc/4017/index.php&kfs115=0

The SRL-R members area contains the Orders and what to consider document.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
KTH said
Even if there are court orders involved the police can not assist, its the federal police that need to be contacted (Breach of Court Orders)
Often there are "Local" court orders as opposed to "Federal Court" orders in place. Local orders made in a "local" magistrates court. Often there are no court orders in place. Whether there are or are not court orders in place I still maintain that local Police often do participate in resolution to SOME issues around orders. Certainly not always but sometimes and depending on which officer you speak to on any particular day. Federal Police are just non existent in the community and a complete waste of time, as there is no one that can assist in the Canberra call centre unless it is a local terrorist incident or advising of a bombing incident affecting Australians in Jakarta.

From experience, and in a number of issues that come over our table, I can say that often a phone call or a visit from the constabulary can avoid much on going angst in family matters. Goodness me they are only to eager to race down the road with lights when there is a domestic issue in progress. What is the big picture difference between a domestic issue and a breech of a parenting plan or parenting orders.

A question to pose is:
Why can't all of it be handled by a Constabulary member visiting or phoning to try to get some early intervention measures in place that might just satisfy the parties until contravention proceedings are raised in a Federal Magistrates Court or raised locally if local orders.

At the end of the day I would say that many disputes are about contact arrangements. The only one disadvantaged is the kids who miss out on contact.


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
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