Are Consent Orders binding and enforceable?
In short, yes, Consent Orders are legally binding and enforceable in the same way that they would be if the matter had been litigated and the court had made Consent Orders at the end of a final hearing. There is essentially no difference. Therefore, if either party decides they will not comply with any of the provisions within the document, the other party is at liberty to take the matter to court and ask for the Consent Order that is not being followed to be enforced.
However, most commonly, when there are court orders in place, both parties follow them. Particularly when the Consent Orders are made by Consent, we have found that both parties usually follow them since they are based on something they agreed to at the time.
Consent orders pertaining to the future care arrangements for children differ greatly from parenting plans. 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. In mediation, a parenting plan is often drafted that is acceptable to both parties. We then ask them to rewrite the document in a way that can be enforced, i.e., as Consent Orders. In accordance with their agreement, and in part based on the parenting plan, both parties sign that and Consent Orders are obtained.
If you have any questions in relation to Are Consent Orders binding and enforceable? 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.