HOW CAN YOUR BARRISTER HELP YOU AS A LITIGANT IN PERSON

INFORMATION ON AN ORDER BY CONSENT (AGREEMENT BY PARTIES)

RESPONSIBILITY OF A LITIGANT IN PERSON

Important note: Please note that this information is not intended to be legal advice. You are advised to seek legal advice.

This information provides an overview on a consent order (agreement by parties) for a child arrangement.

Consent Order

This information page provides advice on the subject of ‘consent orders’ which are used in the family court as a means to formalise an agreement which has been reached. This page will explain in further detail what a consent order is, how to apply for a consent order and what to expect of the court process. 

A consent order once sealed by the court becomes an order of the court.

What is a Consent Order? 

It is often the case that parents will reach an agreement regarding contact and residence. However, informal agreements are not automatically legally binding and therefore there are limited means of recourse if the opposing parent acts in breach of that informal agreement. Consent orders provide a mechanism to make an informal agreement legally binding and therefore enforceable through the Family court. 

How do I apply for a Consent Order? 

There must be an informal agreement, which is written and clearly presented. It is important to be comprehensive and must cover the key areas of a child arrangement order. Your barrister can provide legal advice on the prospective order by consent as sealed by the court.

Formalise the consent order in the court

Once you have sought legal advice from your barrister, the informal agreement will need to be signed and dated and attached to the appropriate court form (C100) under the appropriate section attaching the informal agreement between the parties for the court to formalise with an order. There is no legal requirement to attend mediation (MIAM) prior to applying to the court for a consent order.