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Choosing Between Parenting Plans and Consent Orders

18 June 2025 10:32 am Leave a Comment

When determining whether a Parenting Plan or Consent Order is the best way to record your parenting arrangements, we always recommend that clients consider enforceability, flexibility, and costs of each.

Enforceability;

Parenting Plans are not automatically enforceable, and there are no immediate consequences to the ‘guilty’ parent who breaches its terms. Comparatively, Consent Orders are immediately enforceable by the court and a parent found breaching it can face sanctions such as fines, imposition of a court bond, mandatory parenting education courses, loss of time with the children and in extreme cases, even jail.

However, there are circumstances where a parent may need to deviate from the agreement in a situational, one-off minor instance. With Parenting Plans this is generally a non-issue. If Consent Orders are in place however, then the deviating parent is acting under the threat of court sanctions.

Inflexibility;

Because of their informal nature, Parenting Plans can be changed from time to time and the Family Court is available to hear and determine disputes if parents cannot agree on the changes. With Consent Orders, if the parties cannot agree on the terms for the new replacement orders, then access to take the dispute back to Court is restricted and can only happen if both parents agree or at least one parent can show a significant change in the circumstances of either parent or the children from when the first orders were made.

Costs

Parenting Plans are generally much faster and cost effective to prepare because they aren’t required to be registered in a court. By comparison, Consent Orders are generally more expensive and complicated to put together as they have to actually be filed with the court and approved by a Judge, and require more precise drafting.

Whether the above points of difference would mean that a Consent Order or Parenting Plan would be more suitable, the general view is that save for circumstances where one parent is expecting routine and significant non-compliance with the time arrangements, a Parenting Plan would be preferred over a Consent Order given they are quicker and easier to make, easier to vary and don’t carry the potentially draconian threat of enforcement for even miniscule or trifling breaches.

Michael Zande is a Queensland Law Society Accredited Family Law Specialist with over 30 years’ experience in the field. He is the principal at Zande Law Solicitors, Suite 9, Norwinn Centre, 15 Discovery Drive, North Lakes. To contact Michael for advice, phone (07) 3385 0999.

The information in this article is merely a guide and is not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.

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How to let the kids have their say

14 May 2025 12:28 pm Leave a Comment

After a relationship breakdown, it’s important for parents to consider the future arrangements for their kids. This can be problematic if relying too much on the child’s perspective. Experts tell us that children often say what they believe each parent wants to hear, resulting in conflicting information being presented to both parents. The result of this (usually unintentional) behaviour from children is that both adults think that they are adhering to the child’s wishes, but they are negotiating the arrangements based on different information, leading to inconsistencies. Therefore, it’s important to try and find the balance between allowing children to express their wishes, having regard to their maturity levels, and avoiding putting too much pressure on them.

An effective approach to addressing this issue is to partake in a ‘child inclusive mediation,’ where the kids meet with an independent consultant who is usually an expert in social work or child psychology. This consultant allows the children to express their views without pressure. The consultant then relays the child’s views to the parents during mediation. This process helps to identify any areas of concern and ways in which the children can be best supported moving forward. With this insight, parents can negotiate more effectively, leading to an agreement that genuinely reflects their children’s needs and wishes.

Child-inclusive mediations are particularly effective as children grow older or if one parent has been rejected and the adults cannot agree on why this is occurring. The major benefit is that while the parents ultimately make the decisions, the children can feel as though they’ve been heard, which makes for happier households for everyone involved.

The information in this article is merely a guide and not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.

Joshua Noble is an Accredited Family Law Specialist and Senior Associate at Zande Law, 3/15 Middle Street, Cleveland. To contact Joshua for advice, phone 07 3385 0999.

Next Article: The Changes Are Coming

The Changes Are Coming

23 April 2025 11:00 am Leave a Comment

Significant changes are coming to Family Law which will affect separating couples in a variety of ways. While some of the amendments are unlikely to make a major difference in settlements, the headline-grabbing change is that the Court must explicitly consider and take into account the effect of any family violence when dividing assets or making orders for spousal maintenance.

The effect of this change is expected by some to be significant and will be taken into account when the Court evaluates everyone’s contributions to the relationship and when the Court considers the effect any violence has had on someone’s current and future ability to earn an income. Potentially, survivors of family violence will see their overall share of the combined assets increased in multiple ways due to this new law.

The effect of this could be wide-ranging given that the recent statistics show that more than 80% of cases in litigation involve allegations of violence by at least one person.

Some other amendments that are likely to be more relevant for the majority of separating couples include:

Considerations of how liabilities are incurred;

The effect of wasting formerly-owned assets;

The need of either party to provide appropriate housing for children;

Making attendance at straight forward divorce hearings optional for everyone; and

Enabling the Court to make orders in relation to the family pet, such as, that one person have sole ownership, that the animal be transferred by consent to another person or for it to be sold.

A lot of the changes commence 10 June 2025 but some of the amendments will apply to proceedings already underway but not yet finalised. Given the significance of these changes, anyone going through a separation should consider getting specific advice as to how their settlement may be affected.

Joshua Noble is an Accredited Family Law Specialist at Zande Law located at Suite 3, Jade Chambers, 15 Middle Street, Cleveland. To contact Josh for advice, please phone (07) 3385 0999 to schedule an appointment.

Next Article: Joint Parental Responsibility and Medical Treatment

How can you pick a good Family Lawyer from a bad one?

26 November 2020 3:48 pm Comments Off

How to pick a good Divorce Lawyer

The selection criteria to choose a Lawyer for representation in a relationship breakdown is usually restricted to what can be seen from alluring websites, advertising and the Lawyer’s own boasts about levels of experience and longevity in the industry. The truth of the Lawyer’s actual abilities however, generally only become apparent as the case progresses and sadly, if the Lawyer is incompetent, the revelation often arrives at a point where it is too late to change.

So, behind the boasts about expertise and fancy advertising, what are the real criteria you should be looking for?

Empathy – does your Lawyer remember what your case is about? A good Lawyer must have a good memory, but a great Lawyer will be dedicated to building a very comprehensive memory base about your case. The ability to do that generally comes from having great empathy. Empathy means your Lawyer really does care about what happens to you?

Upfront estimates – will your Lawyer give you upfront estimates of the range of results you might expect from litigation/negotiation along with estimates of the time and cost involved AND put all of that in writing? A Lawyer who does not know what they are doing will shy away from those types of commitments.

Actual legal knowledge – if your Lawyer can explain the rules to you in simple terms, then that is usually a good sign of competence.

Can your Lawyer adequately strategise? A Lawyer who is not also playing devil’s advocate is likely to be caught out and defeated by cleverness from the other side.

Will your Lawyer stand up to you? A Lawyer who is too scared to point out the deficiencies in a client’s case will ultimately only get the client into even greater trouble.

Can the Lawyer put their own ego in check? Whilst a healthy ego is an important ingredient for an effective Lawyer, no one knows everything. A Lawyer who is prepared to lose face won’t allow arrogance to blind a mistake at a point when it can still be corrected.

What do the former clients say? Check for on-line reviews. They may not always be 5 star and no one can keep everyone happy all of the time but if there is a healthy quantity of great reviews, the lawyer must be doing something very right.

Is your lawyer regularly conducting cost v benefit analyses of all the options and promoting “practical” solutions? Generally, this style of approach keeps the case out of Court and achieves good settlements early in the process.

Does your lawyer know when power and aggression might be called for and can they deliver on it if required? When you lose your temper in a dispute you generally give over control of the situation to the opponent. A lawyer who is slow to anger is usually quite adept at selecting and using the right point at the right time for maximum effect.

Prior to speaking with the lawyer, how would you rate the initial contact with the office receptionist and/or other junior staff? If the junior staff exhibit a dedication to utility, accuracy, and efficiency, then that usually comes down from the top.

Is your lawyer an “Accredited Specialist” in Family Law or works for one? An accreditation as a specialist in Family Law is only given to those lawyers who have demonstrated their superior skills via a gruelling independent assessment process. Those lawyers are also required to commit to ongoing additional annual training to maintain that proficiency. From the title alone, an “Accredited Specialist” in Family Law can therefore be taken to already be a cut above a regular Family Lawyer.

A great lawyer can be expected to deliver the best possible result in the shortest time and at the lowest possible price. A bad lawyer will do the reverse, often producing an incredibly negative and bitter experience that might take years (even decades) to recover from. So, choose your lawyer carefully.

Michael Zande is a Queensland Law Society Accredited Family Law Specialist with over 30 years’ experience in the field. He is the principal at Zande Law Solicitors, Suite 7, Norwinn Centre, 15 Discovery Drive, North Lakes. To contact Michael for advice, phone 3385 0999.

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The February 2020 Senate Inquiry into Domestic Violence – Part 2

13 August 2020 4:20 pm Comments Off

The February 2020 Senate Inquiry into Domestic Violence

Did it fail?

PART 2

Well, let’s look at some of the recent statistics:

The overall number of deaths has fluctuated but shown no sustained decrease;
There’s been less physical violence since the 90’s but an increase in sexual assaults; and
In Queensland, we’ve had a double-digit increase in various domestic violence applications.

If the numbers show an increase in applications, is this a failure? Or have we merely been successful in pulling back the rug from an issue much greater than anyone originally thought? One report stressed that a number of factors contributed to this such as increased confidence in victims, improved court accessibility and changing police practices.

The government’s focus has been on changing cultural attitudes and early prevention which is much more difficult to measure. In 2017, a national inquiry revealed a mixed result in the scorecard of society’s views – we’re more aware that family violence goes beyond just physical encounters and we’re also more willing to intervene when seeing someone verbally abusing their partner. However, the report also said Australia was going ‘backwards’ in some areas such as understanding that men are more likely to perpetrate family violence.

What standard then do we use in measuring success in our efforts? We simply don’t know and there are too many variables to definitively answer the question at this point in history. As an example: since our population and volume of applications for protection has climbed but our number of deaths hasn’t, this is at least shows some measurable improvement in the total percentage of families who suffer from the ultimate tragedy – even if the problem hasn’t been eradicated entirely.

Our latest inquiry suggested a ‘wait and see’ approach in examining whether our existing efforts will have lasting success before Australia looks at a new National Plan. This cautious answer was deemed insufficient and a new inquiry into family, domestic and sexual violence has already been proposed to be answered by a different committee.

However, if the issue is rooted in evolving societal attitudes, is this new inquiry fated to come to the same conclusion as the last one?

It takes time to change a culture but if the latest statistics are anything to go by, we’re making some progress. Let’s hope the inquiry finds where we can improve so we can Stop it at the Start.

Joshua Noble is a Solicitor at Zande Law Solicitors, Suite 7, Norwinn Centre, 15 Discovery Drive, North Lakes. To contact Joshua for advice, phone 3385 0999.

The February 2020 Senate Inquiry into Domestic Violence – Part 1

23 July 2020 4:35 pm Comments Off

The February 2020 Senate Inquiry into Domestic Violence.

Did it fail?

PART 1

Following the horrific murder of Hannah Clarke and her three children in February this year, our Federal Senate referred an inquiry to the Legal and Constitutional Affairs committee to report on and grade the efficiency of our current strategies in combating domestic and family violence, where improvements could be made and how effective we have been as a country in meeting our targets.

The result? After three months, the report was handed in early and, in a “somewhat unprecedented” move, the committee failed to hold a single hearing or seek any submissions from public bodies. Ultimately, the committee noted the comprehensive work done in the previous inquiries and felt that another lengthy and wide-ranging one at the present time would be of limited benefit and divert attention and resources away from front-line services.

In a scathing rebuke, South Australia’s Senator Rex Patrick tore shreds through the inaction of the committee to advise on whether our current measures are being implemented effectively. At face value, it might be easy to agree with Mr Patrick that the February 2020 inquiry was a colossal waste of time and taxpayer money. But before we all condemn this committee and label all the Government initiatives as ineffective, it is important to look at both the statistics and see what work was already underway before the February 2020 Senate inquiry was commissioned.

While these stories rarely make the front page, in 2010 Australia adopted a National Plan with the goal of a significant and sustained reduction in violence against women and their children. Since 2015, we’ve already looked into how effective our measures have been on multiple occasions and one as recently as June last year.

Although each State has separate legislation for domestic violence (and the criminal act of breaching protective orders), there have been significant improvements championed nationwide. In recent years we’ve seen court orders now being recognised across state lines, the establishment of a Minister for Women Cabinet position, greater cooperation between police agencies, the creation of a specialised Family Violence Court and record levels of federal funding towards tackling family violence. The public and private availability of emergency assistance for victims looking to escape violent situations are also undoubtedly excellent initiatives.

Overall, the focus on early prevention programs such as Queensland’s ‘Stop it at the Start’ ad campaign and positive relationships being taught in our schools as part of the curriculum have been assessed to be having a positive effect though it is still early days.

However, the obvious questions remain – how do we measure progress in this area? Can we be confident the current government-led initiatives have any chance of success? In part two of this series we will tackle these questions and more.

Joshua Noble is a Solicitor at Zande Law Solicitors, Suite 7, Norwinn Centre, 15 Discovery Drive, North Lakes. To contact Joshua for advice, phone 3385 0999.

DIVORCE: Can one spouse kick the other out of the house?

7 April 2020 11:59 am Comments Off

DIVORCE: Can one spouse kick the other out of the house?

In the breakdown of any marriage or defacto relationship, the law gives to each of the spouses the right to apply for a Court Order that will force the other spouse to exit and remain away from the family home. There are two ways that this can be done:

An “Ouster Order” which is made under the Qld Domestic Violence and Family Protection Act; or
An Exclusive Occupancy Injunction which is made under s.114 of the Family Law Act

For many years now, the Ouster Order option has been the preferred solution. There are no filing fees , easy to complete forms, an expedient and simplified hearing process in front of a local Magistrates Court, and perhaps, most importantly of all, the availability of the local Police who can assist (in varying degrees) with the obtaining, service and enforcing of the Order.

Potential detractions with Ouster Orders however, is that to be entitled to one, the applicant spouse must be prepared to hit the other spouse with a full Domestic Violence Order (DVO) which of course also requires that spouse to prove that there has been “violence” within the household. DVO’s of course are entirely necessary and appropriate where violence is in play, but there are many other situations where non-violent behaviours can make things so uncomfortable in the home, that continued sharing of the home is rapidly becoming intolerable and – it’s only a matter of time before someone cracks.

In these more border-line situations, an Exclusive Occupancy Injunction (EOI) might be a better solution. In a recent decision of the Family Court, the Court said that whilst it would not normally grant an EOI on the mere existence of tension in the home, it was similarly not necessary to prove that a shared home life had become intolerable and that instead, the Court only needed to be satisfied that it was not reasonable or sensible to expect the parties to continue to share a home together.

In that case, the availability of another residence where the Wife could live (rent free) was a sufficient tipping point for the Court to grant an EOI in favour of the Husband against the Wife, even though there was no evidence to say that there was any prospect of violence between them.

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