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Incorrect Consent Orders

My DP (& I) attended court at the start of this month and has recently received the consent orders in the mail… the problem is that they are not the ones that he and the ex agreed to in draft between his and the exs lawyers.

He is no longer represented ($$$) but these orders are going to be a real issue. Things like the ex to have EVERY XMAS day until 6.30pm, no one other than the parents to collect / drop off the children and attend school events etc.

The ex agreed to changes such as " & nominated party" etc and Xmas year about.

What would be best for ex to do? contact her lawyer directly and get them to redraft and organise them to be court stamped? They were the ones that drafted up the copy to go to the court.

He hasn't signed these ones but did sign the ones with the agreed amendments.
Was he not given a formal copy of the draft of consent orders he DID sign? Because if he was, perhaps the first thing to do would be to take both the draft and the unsigned/incorrect orders and head down to the court house and talk to somebody at the desk there? Just thinking that if it was some sort of clerical error, I imagine they would be the ones to remedy it… but if there is any chance this may have been an underhanded  tactic, I wouldn't want to go straight back to the ex's lawyers with it, in case they are trying to take advantage of you being unrepresented and potentially uninformed.

Hopefully some of the more experienced members can weigh in on this.
He has signed off a set of agreed orders with the amendments. That is the set of orders that need to be put up.

Either he or the "ex" should contact the solicitor who is handling the presentation of the orders to the court and arrange to have the correct set of orders presented (The ones already signed off). As he is unrepresented now (and the other solicitor is clear about that) it is entirely appropriate for him to contact the solicitor and bring this to attention. A written faxed note would be best in the first instant, with a copy of the correct set of orders faxed. It will just add further cost to have additions made on the second set so if the parties are agreed why not use the existing signed first set? I wouldn't dare suggest for a moment that there was any additional monetary gain to be made by the solicitor acting for the ex re writing what had already been agreed and signed… But unfortunately I do see this behaviour from time to time. Of course with the benefit of the doubt it could just be a genuine oversight so tread diplomatically here and work on building a rapport with the solicitor as you may well need to discuss things later on and a friendly approach is always a good place to start from.

Executive Secretary - Shared Parenting Council of Australia
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