Is a Consent Order binding and enforceable?

Is a Consent Order binding and enforceable?



Quite often clients ask us is a Consent Order binding? In simple terms, yes, Consent Orders are legally binding and enforceable in the same way as if the matter had gone through the court system as a litigated matter and the court had made Consent Orders at the end of a contested final hearing. There is essentially no difference.  What this means is that if either party decides that they will not comply with any of the provisions contained in the document then the other party is at liberty to put the matter before the court and ask for the Consent Order that is not being followed to be enforced.


It is however most commonly the case that once there are court Orders in place, both parties do comply with them.  Particularly when the Consent Orders have been made by Consent, it is our experience that the parties to them are generally happy to follow them, as fundamentally the Consent Orders are based on something that they were happy to agree to at the time.


It is important to remember that a Consent Order pertaining to the future care arrangements for children is very different to a parenting plan.  Parenting plans are not legally binding nor enforceable, and are often drafted in a way that means that they couldn’t be enforced in any case.  Many people attend mediation and a parenting plan is prepared that they are both happy with.  They then come to us and ask for the document to be redrafted in a way that can be enforced, that is, as Consent Orders.  They then both sign off on that and Consent Orders are obtained in accordance with their agreement, and largely in accordance with the parenting plan.


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. Yes, there are the experts in consent orders family law seekers have been looking for.

So, 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 or to see if  a Consent Order binding.


Further information can be found on the Family Court of Australia website