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Minutes of Consent

How to write it correctly..

I drafted my own 'Minutes of Consent' and just need to know if it is written correctly.

My goal:
-To discharge previous orders
-To maintain residency
-To obtain full parental responsibility for the decisions as to the long-term care, welfare and development of my child.
-To obtain a passport for my child without requiring the consent of the respondent.
-To ensure that the respondent does not have any rights in relation to re-appearing in my child's life without first attending a mediation session and obtaining further court orders to allow such contact. (also meaning he can't just turn up at the school one day and take him, or turn up at my house announcing that he is my child's father and demand contact etc)

My draft of 'Minutes of Consent'


Applicant Mother:
Respondent Father:

It is agreed between the parties as follows:
1.   That all previous orders be discharged.
2.   That the child <insert name> born <insert DOB>, lives with the Mother.
3.   That the Mother has sole responsibility for the decisions as to the long-term care, welfare and development of the child.
4.   That the Mother can solely apply for a passport for the child for the purpose of international travelling.
5.   That the child may initiate contact with the respondent father should he wish to do so in the future.
6.   That the father may initiate contact with the child in the future should he wish with the provision that this is discussed within a mediation session and that any contact agreement be made with the childs best interests in mind and such agreements are made in the form of a contact order.

Worded as above, will this achieve my goals as stated above?
You need to say sole parental responsibility and the last order could just stop after a mediation session.
Thank you.=)
If only one of you is going to turn up at court with these type of 'consent' orders you require an affidavit from your ex, stating that he agrees with the orders. I have recently seen registrars reject these type of orders, where one party is not present and there is no affidavit present from the missing party.

NOTE: the registrar Can and WILL reject consent orders that are 'suspect'.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
monteverdi said
If only one of you is going to turn up at court with these type of 'consent' orders you require an affidavit from your ex, stating that he agrees with the orders. I have recently seen registrars reject these type of orders, where one party is not present and there is no affidavit present from the missing party.


The respondent is consenting to the orders and I've requested a supporting affidavit. Also, when the first order was filed, we were not required to attend a hearing.

monteverdi said

NOTE: the registrar Can and WILL reject consent orders that are 'suspect'.

What do you mean by 'suspect'?
I think the loss of parental responsibility might be a concern to the court.
Fairgo said
I think the loss of parental responsibility might be a concern to the court.

Unlikely. The respondent has not had any contact with the child in over 3 years.
Fairgo - that is correct.

Whizz fiz - the Court does not know this and people have been known to try it on with 'consent orders'. This is why you require an affidavit from him.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
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