Is a consent Order binding and enforceable?
“Yes, Consent Orders are legally enforceable.”
They are court orders that become binding upon approval, just like orders made after a contested hearing. If a party fails to comply with the terms of a Consent Order, the other party can take legal action to enforce it.
Further Information: Consent Orders are legally binding.
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Consent Orders are Legally Binding:
Consent Orders are agreements between parties that are then formally approved by the court. This approval transforms the agreement into a legally enforceable order. There is no difference between a Consent Order and a Court order determined in a contested hearing.
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Enforcement of Consent Orders
If one party fails to comply with the terms of a Consent Order, the other party can seek court enforcement. This can include seeking sanctions for contempt of court or other remedies.
Enforcement of a Parenting Consent Order
The court has wide powers to deal with people who breach parenting orders and can, at any stage of proceedings:
- Make an order for make-up time to occur
- Change an existing parenting order, for example, to compensate the other parent for any time lost with the children or to change other arrangements
- Suspend an existing parenting order
- Order a person to participate in a parenting program run by an approved counselling service to help them focus on their children’s needs and resolve any conflict.
If the court finds a person breached an order on the balance of probabilities without a reasonable excuse, it can order a bond for up to 2 years or a fine.
If the court finds a person breached an order beyond a reasonable doubt without a reasonable excuse, it can order a fine or a jail term of up to 12 months.
If you’re accused of breaching a court order or think someone else is breaching a court order, you should get legal advice.
Breaching a property order
If a party has failed to comply with a property order, you should start with the following steps.
- seek legal advice
- attend dispute resolution, and/or
- Make an application to the Family Court.
The Family Court has the power to do the following.
Consequences of Breach:
- Fines:
The court can impose a fine of up to 60 penalty units on a party.2. Imprisonment:
In extreme situations, an individual who violated a property order without a valid reason could face imprisonment for up to 12 months. This is exceptionally rare.
- Further Orders:
The court can issue further orders, which may include mandating the breaching party to secure a bond, covering all or some of the legal expenses incurred by the other party or providing compensation for any losses resulting from the breach.
- Enforcement Warrant:
If one party does not comply with property orders, the other party may seek an enforcement warrant. This warrant permits the seizure and sale of the non-compliant party’s assets.
- Understanding Your Property Orders:
- In family law, property orders dictate the distribution of assets and debts following the end of a marriage or de facto relationship.
- These orders address diverse matters, such as property division, income, financial resources, and debts.
- Grasping your property order’s specific terms and conditions is crucial, as they differ based on your case’s unique circumstances.
- Seeking Legal Advice is a good next step.
- If you are unsure about your obligations under a property order or believe someone else is breaching an order, it is highly advisable to seek legal advice.
- • A lawyer can help you understand your rights and responsibilities, explain the consequences of breaching an order, and guide you in enforcing or defending against a contravention application.
- Compliance and Enforcement of Consent Orders
- Every party impacted by a property order is required to follow it.
- • Should a party disregard an order without a valid reason, the other party may file a contravention application in court.
- • Applications for contravention are managed via the National Contravention List, which details the procedural requirements and steps involved in contravention cases.
- Important Considerations to remember for a breach of a consent Order
- The Family Court will evaluate any reasons for non-payment, such as income, assets, debts, and resources.
- If there is a valid excuse for not following the order, the Court may be less inclined to deem it a breach.
- The Importance of Communication in Compliance: If you face challenges in meeting the orders, it is essential to communicate with both the other party and the court. Open communication can help avoid misunderstandings and instances of non-compliance.
