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Consent orders before final hearing?

Hi guys,

Long story short, my ex and I are trying to resolve where my 6 year old son will live. We tried mediation but that failed so I completed an initiating application and have had the initial hearing heard in the Federal Magistrates Court. During the initial hearing we made orders by consent to have a family report done and a few other things. The family report is due to take place in 21 days and the final hearing is at the end of June.

In the last hour my ex has contacted me saying that court is too hard/expensive/stressful and he is happy for my son to return to live with me which is fantastic news.

However I'm not sure what to do now?!?! The family report is a court order so if we don't attend then we are in breach of orders. So I guess we still attend the family report or can we have the order stayed (is that the right term)? Are we allowed to submit new application now for Final Orders by Consent? Do we have to wait until the final hearing and then submit our agreement as Orders by Consent (which I am worried about doing as it gives him almost 10 weeks to change his mind). Or can we get something drawn up by my solicitor and both sign it?

Unfortunately it is now late Friday night and I wont be able to discuss this why my solicitor until Monday which means stressing about it all weekend, so any tips / input / advice would be very much appreciated.

Thanks in advance :)
You do not need to lodge a new application.

Get your solicitor to contact the FMs Associate ASAP.  Your Solicitor may be a regular at Court in which case he/she will have a word with the Associate to fast track to squeeze in a quick Court appearance.  

Normally they would ask for a copy to be emailed or mailed in for the FM who is likely to bump you up the list for a very short appearance. This is providing there is nothing contentious in the orders.

Bumping up would enable the Court to cancel the Report and to vacate future hearing dates.

You will find FMs very accommodating when it comes to Consent Orders and some will even 'suggest' revised wording to make the orders more workable.  (Judges and FMs like Consent Orders and these are in fact the desired outcome of the Courts)

You should note that if there is an ICL they are technically a party in your and they need to agree on the orders.
Thank you so much! I will make the arrangements first thing Monday morning, in this particular case there is no ICL so that should make it even easier.

Hopefully I will get some sleep tonight now:) Thank you again!
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