Quite often clients ask us Can Consent Orders be challenged?
Whether the Order is made by Consent or pursuant to a contested hearing, it can still be challenged or overturned, but the circumstances in which this can happen are pretty limited. For property Consent Orders, the idea is that the court ends the financial relationship between the parties. For parenting Consent Orders, the idea is to make Consent Orders that are least likely to see the parties back in court at any future date and it is not considered in the best interest of children to be having to be dragged through court proceedings multiple times.
If you can establish that there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence or the giving of false evidence, the court may overturn court Orders that have been made by Consent. Also, if circumstances have arisen since the Order were made that it impracticable for the Order to be carried out, it may be able to be overturned. Also, if a person has defaulted in carrying out an obligation required by the Orders, and, in the circumstances that have arisen as a result, it is just and equitable to vary the Consent Order or set it aside, the court can do that and make a different Order instead. Also, if circumstances have arisen since the making of the Orders, which are exceptional in nature and relate to the care, welfare and development of a child of the marriage or relationship, and the child, or the applicant who has caring responsibility for the child will suffer hardship if the court does not vary the Consent Order, the court may make another Order in substitution for the Order. In essence, there are only a few situations that the court will entertain in deciding whether to overturn an Order, and unless you fall within those quite limited circumstances, it will be difficult to have your Order overturned.
With parenting matters, the court has to be satisfied that there has been a significant change in circumstances since the children’s Orders were made before it will even re-open a parenting case, so this is a threshold issue, required to be passed before the matter can even proceed.
Who Can You Talk To About Consent Orders?
If you need someone to talk to about a consent order specifically or have general questions about consent orders, Kate Austin Family Law can help. We are dedicated to Consent Orders in NSW and Queensland. When it comes to consent orders Family Court can be a complicated place, and it pays to have somebody like Kate Austin Family Law on your side.
When it comes to consent orders family law professionals at Kate Austin have got you covered. They offer fixed price the consent orders to ensure you aren’t caught out by high, unexpected fees. Get on online instant Quote here. There’s no reason to put off getting the process started for your consent order with the Kate Austin team. They can help you get consent orders Family Court are likely to approve. If you wish to discuss with us Can Consent Orders be challenged get in touch with Kate Austin Family Law today and you can feel confident that you are getting the information on consent orders you’ve been looking for.
Further information can be obtained from The Family Court of Australia