Deciding on whether consent orders are a good fit for you can be a tough decision. So we thought it might be an idea to have a look at some of the Pros and cons of getting consent orders in place. We spoke to Danielle Zetzer, the principal of Respect Family Law and she shared some examples of how consent orders might work for you or why they may not be a good fit.
PRO’S
Consent orders really provide you with a lot of certainties, especially if there’s been conflict in the relationship. They give you strict guidelines to adhere to which can minimise the conflict. It’s also really appropriate when there are safety concerns or risk concerns. If you’re concerned that your partner or ex-partner might withhold the children or not return them at the specified home, for example, the police will go and recover the children or help you deal with the matter if you have court orders in place, such as consent orders.
You can also write in some flexibility to consent orders. For example, the children will spend time “as agreed” between the parties and failing agreement, “as follows.” This leaves space for the option that as you heal, you might be more flexible down the line. But if you can’t agree there’s something to always fall back on that is legally binding.
Entering into consent orders also creates a roadmap for the care of your children, which might give you some certainty on what the next few years look like. You can make arrangements for the next few years or until the children reach the age of 18 which allows you and your family a clear structure. This can be a relief for parents in conflict who have struggled to agree on shared care arrangements.
CON’S
Even after entering into consent orders if a parent doesn’t wish to see the children, they cannot be forced. We often see parents frustrated if the other parent is distracted by a new relationship or work and doesn’t want to spend time with the children in accordance with the consent orders. For example, the orders say that dad has to have the kids on a Wednesday night. Can we make him spend time with them? The simple answer is no. The court and child experts are highly unlikely to see it in the best interest of your child to spend time with a parent who doesn’t want to see their children. It’s not a breach of consent order if someone elects not to have time with the children which can be really hard to accept.
Another con when you’ve got orders in place – if a child just doesn’t want to go and see their other parent for the day and you decide to allow this, this can be a breach of the consent orders. A breach of an order can result in a contravention application being made against you which is quasi criminal. This means it can have criminal consequences for the breach. For example, if mum comes to pick up kids, and for some reason one of the children or all of the children really don’t want to go to mum, you can only keep the children and withhold them if you have a reasonable excuse. Just because they don’t want to go will not constitute a reasonable excuse. So what’s considered a reasonable excuse? There’s a lot of case law on this but it really is dependent on the situation. One example may be if you believe there is a risk of significant harm if the child were to see the parent, for example, family violence.
In short consent, orders are a two-way street. It works both ways so if you’re expecting the other parent to adhere to these orders you yourself have to understand it’s binding you too. There are many different pros and cons for every family’s situation because every family is different.
Consent orders might be great for one family but for others may be another option that could be beneficial.
If you are considering Consent orders and wanted to workshop whether they are appropriate for you and your family, we invite you for a free 15-minute consult to discuss your options.
Still have questions – contact the team at Respect legal to find out more
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About Respect Legal
We’re here to disrupt traditional ways of practicing family law. Respect Legal is here to disrupt traditional ways of practicing family law through our respectful approach to dispute resolution. We focus on outcomes that strengthen families, rather than tear them apart.
Our team of highly skilled lawyers are leaders in their field who provide expert advice and guidance through complex legal processes so you can achieve an outcome that works best for you and your family.
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