Remember, consent orders must be determined by the Court to be “just and equitable” and/or in the best interests of the child. This means that they can be rejected if they do not meet these requirements. The Court may ask for changes to the wording or for more information. Obtain legal advice to ensure your order is properly drafted.
A consent order for parenting can be changed if you and the other parent agree it is no longer working. Your current order will apply until you make a new order or parenting plan. You may be able to apply to the Court to change or set aside the court order, but there are very strict requirements including attending mediation with your ex.
A consent order for property can also be set aside for a range of reasons. See Section 79A(1)(a) of the Family Law Act for the reasons for setting aside a court order.
If you want to change your consent order, it’s advisable to seek legal help. Costs orders can be made if you don’t have a valid case to change the current order.
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