Do consent orders expire? The expiration of a consent order will depend on what the parties agreed to. In family law matters, consent orders usually outline parenting arrangements, property settlement, and financial arrangements. Thus, if both parties agree on a decision on those matters, they can use consent orders and have the family court finalise it.
But do they expire? Can someone terminate the agreement? The good news is that consent orders in most cases don't have an automatic expiry date. That means they are binding until certain conditions are met. Think of them as enduring contracts for separation-related matters. But there may be exceptions!
Do Consent Orders Expire: Exceptions
If the consent order itself specifies an expiry date then it will cease to be enforceable once that date arrives. Certainly, this is common where child support arrangements are set to end when the child reaches a certain age or becomes financially independent.
What about consent orders for parenting and child custody? There's an assumption that such orders will become less relevant when the child turns 18 and becomes an adult. At that point, the child may have more autonomy in decision making and may not need a formal custody agreement.
Even with an expiry date, consent orders are flexible for a while. Both parties involved can apply to the court to vary or terminate the agreement. This may be because of significant changes in circumstances such as a substantial change in income or a child's needs. Read on to find out more.
Factors That May Vary or Terminate a Consent Order
Do consent orders expire or change because of a child's needs?
- Health: If a child develops a chronic illness or disability that requires more financial resources and support or changes to living arrangements, the consent order may need to be varied to reflect those needs.
- Education: If a child shows exceptional academic ability and needs to attend a special or expensive school, the education provisions in the consent order may need to be reviewed.
- Maturity and Preference (for older children): As children get older (usually teenagers), their preferences for living arrangements and visitation schedules may change. Consequently, the court may consider their wishes when variations are sought and remove parental responsibility from a parent.
On another note, do consent orders expire or change because of a parent's circumstances?
- Financial Situation: A substantial increase or decrease in income for either parent may require changes to child support or property division.
- Relocation: If a parent needs to relocate for work or other reasons the impact on child custody and visitation schedules needs to be addressed through a variation.
- New Relationships and Families: The formation of new relationships or the birth of new children may affect a parent's financial responsibilities and custody arrangements.
Do consent orders expire or change because of safety concerns?
- Domestic Violence or Abuse: If evidence of domestic violence or abuse against a child or parent comes to light, the court will put the child's safety first and may terminate or vary the existing consent order.
- Substance Abuse: If a parent develops a substance abuse problem that puts the child at risk the court may vary custody arrangements to protect the child.
Do Consent Orders Expire: Laws
Depending on what you are applying for different parts of the Family Law Act 1975 apply. Here's a quick guide:
- Child Custody Orders: Review sections 60B, 60CA, 60CC, 61CA, 61DAA, 61DAB, 67Z and 67ZBA.
- Financial Orders (Married Couples): Sections 75 and 79 and Part VIIIB.
- Financial Orders (De Facto Relationships): Sections 90SK, 90SL, 90SM and Part VIIIAB.
- Third-Party Injunctions: Part VIIIAA and Section 90TA for de facto relationships.
- Spousal Maintenance: Sections 72, 74 and 75.
Here are our related articles about the Family Law Act:
- Family Laws For Children | JB Solicitors
- Declarations and Alterations of Property Interests for De Facto Couples | JB Solicitors
- Other Rules on FLA Orders and Financial Agreements | JB Solicitors
- What Is Spousal Maintenance? | JB Solicitors
Do Consent Orders Expire: Following Through After a Consent Order
A sealed consent order marks a milestone in your separation journey. It sets out the framewcaork for what's to come, whether it's property division or child custody arrangements. But what happens after the judge signs it? Here's a rundown of what to do next:
| Do's | Don't's |
| Live by the Agreement: This is paramount. The
consent order is a legally binding contract, and adhering to its
terms is essential. Seek Clarity When Needed: If any aspect of the order seems unclear, don't hesitate to consult a lawyer for professional guidance. Maintain Open Communication: Especially in child custody situations, fostering open communication with your ex-partner is crucial for addressing any concerns or scheduling conflicts that may arise. Formalise Modifications: If both parties agree to adjustments, ensure these changes are documented through a formal legal amendment to the consent order. This protects everyone involved. |
Treat the Order Lightly: Ignoring the terms of
the consent order can have serious legal repercussions. Don't
risk contempt of court charges. Make Unofficial Changes: Any modifications, no matter how seemingly minor, require legal documentation to be enforceable. Assume Easy Modifications: The consent order is a binding agreement, and changing its terms typically requires a judge's approval. Don't expect swift or effortless adjustments. |
Seek Legal Advice From Us Today
Do consent orders expire? To have a deeper understanding on this topic, we recommend that seeking legal advice from our law firm. A lawyer can explain the implications and long-term effects of the orders you're asking for. So you can make informed decisions about your consent order.
This is just a starting point. In some cases, family law matters can be complicated. Hence, to make sure your consent orders are right for you and legally enforceable, get professional advice.JB Solicitors, an experienced family law team can help.
Specifically, our lawyers can provide legal advice and explain your situation even if your case reaches a court hearing. Moreover, we can answer your questions and draft or modify consent orders to achieve a fair and peaceful outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.