What is the process of obtaining a consent order?

What is the process of obtaining a consent order?

Aug 13, 2022, 11:27:05 AM Opinion

Consent Orders work in the same way as court orders. If properly drafted, it should be enforceable in the same way as any other court order. In other words, if it is breached or someone does not comply with it, then the non-defaulting party can bring the matter before the court and ask for the Consent Order to be enforced. Courts can impose penalties for noncompliance with court orders. The court's objective in family law cases is usually to ensure the Consent Orders are followed rather than to impose penalties. A non-complying party is often required to attend and complete a parenting course, which often prevents future breaches of consent orders.  

In the event that one party continues to violate Orders, the court has other powers that are more punitive in nature. In most cases, however, court orders are adhered to by parties, particularly where they are consent orders, where they are based on an agreement between the parties. Although Consent Orders give both parties peace of mind, knowing they are reliable and enforceable if necessary, often just having them is sufficient and enforcement is not necessary. A contract also minimizes the possibility of conflict between the parties by describing clearly and unambiguously what each party must do.

In the Family Court, how long does it take to process consent orders?

In terms of timeframes, there are no hard and fast rules, but we generally advise people that it takes approximately 28 days for the Family Court to make and then make available the Consent Orders after your documents are lodged. In most cases, court orders can now be accessed online and downloaded with the court seal, which enables them to be forwarded to relevant organisations such as conveyancers handling property transfers or schools requiring or preferring family court orders to be registered with them.

It is possible to ask the court to review your case urgently when making your application; however, the circumstances in which the court will review your case urgently are very limited.

The timeframes vary considerably depending on where you file your documents and when you file them. Consent Orders can be made within two weeks in some instances, or they can take up to eight weeks in others.

If your matter is requisitioned and you are asked to answer questions or file further material in a Consent Order for the Application to be determined, which can happen, this will delay the matter as you will be required to file further or amended material addressing the requisition raised by the court. Sometimes this can result in the matter being adjourned for further a period of 28 days.

If you require assistance with Consent Orders or help with your application for Consent Orders please call Family lawyers in Melbourne to discuss your matter

Published by Philip Oluwadara

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