Consent orders: Frequently asked questions

Can you change Consent Orders?

It is easiest to change your Consent Orders with the consent of the other party. Therefore, we always suggest that people speak with the other party about whether they are willing to change the Consent Orders before proceeding.  Obtaining new Consent Orders or Orders that vary the current Consent Orders can be obtained by applying to the court if both parties agree to change their Consent Orders.

 A court will only allow you to change your existing Orders under limited circumstances if you do not have the consent of the other party.

In order for the court to change your parenting Consent Orders, it must be satisfied that a significant change in circumstances has occurred since they were made. As much as possible, the court is reluctant to reopen parenting matters and put children through further litigation.

Property Consent Orders can only be varied or set aside in a limited number of circumstances. To reopen your property case, you must establish that there has been a miscarriage of justice due to fraud, duress, suppression of evidence, or giving of false evidence. You can also prove that the circumstances that have arisen since the Orders were made make it impractical to carry out the Consent Order or Orders. Additionally, you can demonstrate that a person has violated an Order or that circumstances of an exceptional nature relating to the care, welfare, and development of a child of the relationship have occurred since the Consent Order was made, which means it no longer applies. There are very few circumstances in which you can set aside a property settlement Order, so you should review the Orders carefully before signing.

What is the process for applying for a Consent Order?

Consent Orders require two documents to be filed with the court. First, you must file a document called “Application for Consent Orders”. During a property settlement, this document lists all of your assets and liabilities, along with a table that explains what the Consent Orders state in words about the outcome. In addition, the court needs to consider what each party contributed to the relationship, as well as whether any ‘future needs’ issues should be addressed.

Additionally, you need to file a Minute of Order outlining all of the Consent Orders that you want the court to make. As part of a property settlement, you must detail who retains what assets, who pays for what liabilities, and whether any assets or liabilities will be transferred. During a parenting case, you might outline how much time the children will spend with each party, including birthdays and Christmas. Consent Orders can also be obtained for other things like travel arrangements, changeover arrangements, supervision, and extracurricular activities. 

Upon filing both documents and ensuring they are properly drafted, a Family Court Registrar in Chambers will review the matter and, if appropriate, make the Orders requested based on your documents. If there are problems with your submissions, the Court will return them to you with a requisition notice which you must complete before resubmitting the documents to the Court for further review.

If you require an application for Consent Orders please contact your Family Lawyer to assist you in this process.