What happens if a consent order is breached?

Amasha

March 14

Consent orders are proposed orders drafted on the mutual agreement between you and your ex-partner, during separation or divorce. Once the consent orders are drafted, they are submitted to courts to be formalized. This process makes your consent orders legally binding and enforceable.

What is the effect of a court order?

Parties are expected to abide by the consent orders drafted. If one party breaches any clause on the consent order, the other party has the right to take legal action against the party who breached the order.

Although consent orders are drafted upon mutual agreement, they are considered to be a court order, as the proposed orders are considered and approved by the court. Therefore, a breach would be considered as a contravention of the order or can be a contempt of court, which is a serious offence.

How to enforce a consent order?

If your ex-partner has breached any clause in the consent order without a ‘reasonable excuse’, you can notify the court about the breach. This can lead to the court changing the consent order to rectify the breach, or imposing other penalties on the party who breached the order.

It is always advisable to notify your ex-partner about the breach, giving them the opportunity to correct the mistake and abide by the orders. If your ex-partner is unresponsive, you have the right to go ahead and enforce the consent orders.

Key Takeaways

1. Consent orders are court orders and legally binding on the parties involved.

2. Breaching a consent order may be considered as a breach of the court order, hence contempt of court.

3. Parties need to show change in circumstances or a reasonable cause for altering the consent orders.

Can I change the consent order if my situation changes?

If either party wants the consent orders to be changed, due to a change in circumstances (i.e. moving house or changing job which effects school-pick up responsibilities), it can be done with the agreement of both parties. The parties can make an application to the court outlining the variations required and the reasons for the particular changes.