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Entering the Minefield – Going from Consent Orders to Judicial Orders

It is a common view from the bench that  on occasions  the content of  'Consent Orders' is quite different to what a Court may have decided.  

In general the Courts take the view that since the parents have agreed the 'State' should not interfere in that process (unless the orders are 'extreme')

Judicial decisions  are made when one or both parties actually forces the 'State' to make a decision, it is therefore important to understand the possible consequences of a return to Court for a judicial determination to override consent orders.

There is a somewhat mistaken belief from people that are returning  to Court that contact will not be reduced because of the 'status quo'. However although your case will be decided on its merits the original consent orders will be taken into consideration. If these are orders that the Court 'may' not have made (had a judicial determination been required) you face an additional hurdle if your case involves more contact time.

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