Orders by Consent: How A Father Achieved a Child Focused Parenting & Property Settlement

Our Family Law solicitor, Caitlin Jones, recently represented a client in respect to his family law matters and was able to resolve both parenting and property by way of Consent Orders.

From the outset, our client wished to retain the former matrimonial home, his business warehouse and enter a shared care arrangement in respect to their children.

In December 2022, our client was served with Initiating Court Documents with an urgent Interim Hearing date set. Caitlin was able to organise an initial consultation, review court documents, prepare our client’s response documents, brief counsel and appear at the interim hearing to instruct counsel in a short time frame.  At the interim hearing, the other party sought for our client to spend no time with his young children (aged 2 and 4) and sought to have sole occupation of the former matrimonial home. At the conclusion of the interim hearing, it was agreed by consent for the other party to reside in the home on an interim basis, and the Court ordered for our client to spend significant and substantive time with the children.

The parties then engaged in a private mediation and were able to resolve the property aspect by way of consent in which our client was successful in retaining both the former matrimonial home and business warehouse and pay to the other party a settlement sum.

Shortly thereafter, the other party then sought to relocate to Sydney from the Central Coast with the children. This was not agreed and resulted in a further Interim hearing. Following various Court events, in September 2023, it was agreed between the parties for the children to return to the Central Coast and to reside primarily with our client.

Our client was able to enroll the children quickly into daycare and school to ensure that there was no disruption in their day-to-day routine while continuing to facilitate time between the children and the other party.

In January 2024, our office prepared proposed Consent Orders to resolve the parenting matter on a final basis and after negotiations with the other party solicitor’s, a final agreement was reached in which the parties have equal shared parental responsibility, the children reside with our client and spend time with the other party. The parties further took a practical approach, having the children’s best interests in mind and it was agreed that should the other party relocate back to the Central Coast that the children will live between the parties on a shared care basis.

Throughout the matter, our client was able to stay consistently child focused and provide comprehensive instructions to allow his matters to progress to resolution and provided Caitlin the following testimonial at the conclusion of the matter.

“Thank you for all of your help through this tough time in my life I couldn’t of had a better person in my corner Caitlin from the bottom of my heart. THANK YOU THANK YOU THANK YOU”

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