If you reach an agreement with your spouse we strongly recommend that the agreement is formalised in Consent Orders.
The benefits of Consent Orders are:-
The Family Court must approve the terms of the Consent Order and will not do so if it considers that the agreement is not in the best interests of your child. As a consequence it is important that you understand what the law is in relation to child matters and that any agreement that is reached complies with the law.
Consent Orders for children can be varied only where there has been a significant change in circumstance since the making of the order and when the changes are necessary for the welfare of the child.
Without a Consent Order, no agreement whether in writing or not, will be enforceable between yourself and your ex-spouse. The Court can consider any informal agreement but is not bound by its terms.
© Cope Family Law 2021