Can parties change consent orders?

 

 

 

Consent Orders can be changed with the consent of the other party. Therefore, we usually suggest people speak with the other party about their willingness to change the Consent Orders before proceeding.  A court application can be made to obtain fresh Consent Orders or Orders that vary the current Orders if both parties consent to changing their Consent Orders.

It is fairly limited to what circumstances the court will allow you to change your existing orders if you do not have the consent of the other party.

Before the court will alter your parenting consent orders, the court must determine that there has been a significant change in circumstances since the Orders were made that warrants their review and reconsideration. The court is reluctant to reopen parenting matters and subject children to further litigation if it can be avoided.

There are only a few circumstances in which you can ask the court to set aside or vary a property consent order. You must, for example, show that there has been a miscarriage of justice due to fraud, duress, suppression of evidence, or the giving of false evidence in order to reopen your property case. You may also establish that in light of the changed circumstances since the Orders were made, it is impracticable to carry out the Consent Order or Orders.

If a person defaults in carrying out an obligation imposed by the Consent Order, or if exceptional circumstances arise regarding the care, welfare, and development of a child from the relationship since the Consent Order was made, it should no longer apply. The circumstances in which you can apply to set aside a property settlement Order are very limited and so you should ensure that you review the Orders carefully before signing off on them.

 

If you have any questions in relation to Do you have the ability to change consent orders? 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.

Kate Austin Family Lawyers provides a national service. Family Law is a federal jurisdiction so the law are uniform across the country. No matter where you are located we can assist. Sunshine Coast  Newcastle  Canberra Sydney  Melbourne 

This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.