1 Comments Family & de facto law, financial agreements, consent orders
Technically the court can make a judgement without the consent of either party. However, by definition, consent orders are an agreement made by both parties, which means that both parties have to show that they agree with the consent orders by signing their name. Absent of a signature, how will the court know that he has agreed? You could use the past orders and it seems logical that a court would agree with that. However, that is not always the case. He may have changed his mind. The question is, were the parenting orders done in court? If so, you don't need consent orders. If they were not done in court and just written by both of you without legal intervention, then if he does not respond to having the agreement stamped by the court, then it may be a case of you having to go to court and ask for parenting orders to be made. This is done as a single application by one person, however, you have to attend court, state your case through a lawyer, or yourself if you are self-representing, and have the court make the determination. He will have to be notified and sent the paperwork. If he does not come to court or ignores any communication, then it is up to the court to deal with that. Court cases can and do go for months and even years. Getting some legal advice by a family law solicitor is absolutely the best way to go. There are quite a few things that can be done before it even goes to court, which can result in you not having to go to court at all if it gets resolved.