Consent orders play an important role helping families going through a divorce, or separation, to formalise arrangements for how children will be looked cared for.
In this article, we intend to answer the question; ‘What is a consent order in UK family law?’, explaining what a consent order is used for, and how much it costs to apply for one.
What is a family consent order?
A consent order is a legally binding document that formalises an agreement between parties about how a child will be looked after.
They’re often made after a divorce or separation to formalise an agreement about a child’s care, and are used to agree on details about where the child will live, when they will spend time with each parent, and when and what other types of contact can take place.
A consent order must be signed by both parties, and approved by the court, to be legally binding and enforceable.
What happens if a parent breaks a consent order?
If one parent breaches the terms of a consent order, the other parent may apply to the court requesting it enforces the order.
The court will examine the facts, and depending on the situation, it might make an enforcement order or an order for compensation for financial loss.
An enforcement order means the person in breach of the order must complete between 40 and 200 hours of unpaid work.
An order for compensation for financial loss will require the parent in breach to reimburse any financial losses you’ve incurred as a result of their non-compliance.
Can courts reject consent orders?
When making a consent order, you must apply to the court to get the consent order approved.
The court may reject the consent order if it does not think it’s in your child’s best interest.
If this happens, the court may change your consent order or make a different court order to decide what is best for your child.
Do I need a solicitor to get a consent order?
To apply for a consent order, you need to draft an informal agreement and attach it to a completed C100 form to be submitted to the family court.
While you’re not legally required to have an agreement drafted by a solicitor, it’s highly recommended that you do.
A specialist family law solicitor can ensure that your agreement is watertight and aligned with everyone’s best interests.
A solicitor can also complete necessary forms for you, facilitating a swifter and smoother process.
How much does a consent order cost in the UK?
There is a £255 fee to apply for a consent order.
If you’re eligible for help with legal fees, you may be able to apply for free or at a reduced cost.
Why choose Mark Reynolds Solicitors for help applying for a consent order?
At Mark Reynolds Solicitors, our team of specialist family law solicitors is here to provide support, guidance, and legal services to families navigating child arrangement cases.
Contact us today for a free consultation, and we’ll work with you to ensure that your child’s best interests are always protected.