Consent Orders – How do they work?
A Consent Order works the same way as a court order. As long as it is properly drafted, it should be enforceable as a court order. If someone fails to comply with it, then the non-defaulting party can petition the court to enforce the Consent Order that has not been complied with. When court orders are not followed, penalties can be imposed by the court. In family law matters, the court’s main objective is to ensure that the Consent Orders are followed rather than imposing a penalty on the defaulting party. Frequently, a non-complying party is required to take and complete a parenting course, which often results in the Consent Orders not being breached again in the future.
However, the court does have other powers that it can use that are more punitive in nature if an Order continues to be violated by one party. Generally, however, court orders are followed by the parties and particularly when made by Consent, the parties are generally quite happy to comply with them if they arise from an agreement between the parties. Consent Orders give both parties peace of mind, as they are reliable and can be enforced if necessary, but often just having them is sufficient and they rarely need to be enforced. Furthermore, they clearly outline what each party is required to do, reducing the possibility of conflict between the parties.
If you have any questions in relation to Consent Orders: How do they work? or consent orders please contact us to discuss your proposed agreement. We provide an instant quote for your agreement online that is fixed and includes all aspects of the documentation and submission process. General information about Kate Austin Family Lawyers can be found on our home page or if you would like information about our story or Rachel and Brendan there are links on our home page.
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This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.