Can a Consent Order be set aside?

Can a Consent Order be set aside?

If the parties want to revoke a Consent Order, they can simply agree among themselves to do so. When one party had planned to buy the other’s interest in the former marital home within a certain period, but then changed their mind, they could agree to sell instead, with the second party receiving the same amount as if the property had been transferred. In this type of situation, the parties do not need to appear in court to have the Consent Order set aside. Nevertheless, they may wish to have amended consent orders made to reflect the changes.

Consent Orders will only be set aside by the Family Court in relatively limited circumstances. A Court may set aside a consent order if, for example, there was a miscarriage of justice due to fraud, duress, or false testimony. In the event of a hardship or change in circumstances of an exceptional nature that results in hardship on one of the parties relating to the care of a child or children of the marriage or relationship, the court may set aside the Order. If circumstances have changed since the Consent Order was made, making it impossible to carry it out, the Court may set the order aside as a last resort.

In a similar fashion, courts are not eager to lightly set aside parenting consent orders, but a threshold test requires the court to be satisfied that significant changes in circumstances have occurred sufficient to justify the reopening of the matter before it will even consider an application to do so.

Final Orders are made with the assumption that they will resolve the matter for good once and for all. It is not generally considered to be in the best interests of children when parties are constantly returning to court to change the children’s living arrangements.

 

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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.