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QLD Family Law - Deviation for Consent Orders Agreed by Both Parties?

Discussion in 'Family Law Forum' started by CHRIS VERFURTH, 10 February 2016.

  1. CHRIS VERFURTH

    CHRIS VERFURTH Active Member

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    Hi, can you answer this?

    After final orders are given, can the parties, if they have agreed on a deviation of certain parts of the orders, put in consent orders to have it added to the final orders under Family Law, rather than being a unenforceable agreement, so that it becomes a breach, if either party in the future wants to dispense with it?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Yes, they can file a new set of consent orders that will override the current orders.
     
  3. sammy01

    sammy01 Well-Known Member

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    If you agree then just do it. For the sake of making sure either party doesn't change their mind, you could do consent orders but if the other party doesn't want the change made permanently then they can choose not to consent.

    I think the point I'm trying to make is that you're heaps better of trying to avoid court / consent orders, etc. and just finding ways to get along as parents. You could not manage that as partners but try to do it as parents...
     
  4. CHRIS VERFURTH

    CHRIS VERFURTH Active Member

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    Thank you for your replies. Yes, we are getting on fine, however, the ex wanted deviations immediately after final orders were made Sept 2015, which I agreed to, but we are both finding that the orders made do not really suit us in all parts, now that we are parenting, but I do want something to fall back on in case of disagreement.

    After all, we spent 3.5 years going through court, so the likelihood is she will not agree, or want constant change, when it does not suit her, so my thoughts were put it down now we both have been doing it and get them in consent orders and also put mediation clause to review every so often, if needed.
     
  5. sammy01

    sammy01 Well-Known Member

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    ok a little more detail is required. So the court orders are the default. That is cool, if there is a disagreement just go back to that. BUT are you telling us you're getting more time with the kids? and she will agree as long as you don't tell CSA, for example? OR that she'll agree to the extra time as long as it is at her discretion? Or that she'll agree to the extra time BUT won't formalise it thru consent orders...

    Look the problem you're gonna have is that verbal agreements are great, they get you more time with the kids. COOL. But if you notify CSA then it reduces her payments. So what to do? continue paying more? go to court, which could cost even more than the child support. OR do something else..... I'd suggest something else. WHAT? well get a long track record of extra time. Call csa to ask about how they would like you to 'prove the extra time' THEN make a change of assessment in a year or so.

    I'm making a few assumptions in this post. I hope they are on the money.
     
  6. CHRIS VERFURTH

    CHRIS VERFURTH Active Member

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    No, the deviations are to do with international travel. So final orders are 3nights / week and half gazetted holidays, but special orders state that she can travel with child to France for 6 weeks in each 12 month period , with no pay back time to father.

    Orders were to start 9th Sept 2015, but I agreed, on her asking, as I gave her goodwill and agreed, that she could take 6 weeks Nov 2015 to Jan 5th, 2016, then from start of calendar year she could take holidays within that 12 month period as well, and from 2016 and every year we would go by calendar year, in essence giving her 2 holiday periods within the 1st 12 months, the deviation also stated though that the 6 weeks was not to go over into the start of new year for more than 5 days or it would be deemed as holidays in that year if over that 5 days. And that 6 months must be kept between holidays.This in essence means that I would always have around 3 weeks of gazetted holidays in summer holidays regardless of her travels.

    Also we had written in that if Father had already made plans over gazetted holidays that mother would make every effort to take these into consideration and make a concerted effort to work on his half of gazetted holidays. So what has happened to make me want to protect this agreement is that mother wishes to take holidays August through entire gazetted period of school holidays to Oct, that is fine but I had submitted my plans already that showed I was booked to see Family in 1st week of those holidays, ok not a big deal but all she needed to do was step her holiday forward 1 week, so I could have last week of the holidays, and she still have her six weeks, but of course, that is a no go.

    What I expect will happen next year is that she will wish to have the entire Summer holiday period of six weeks and claim she will no longer follow our agreement, having really made it I guess to suit her purpose of the first year of orders, and when it interferes with what she wants she will not agree, so I have asked her if she is still happy with the deviation and her has replied yes, I was thinking it would be best to see if she will do consent orders and get them added in, either way, it will show me whether she is committed to what she says or not,so far already she is totally ignoring my pre-made plans with my family for this year.
     
  7. sammy01

    sammy01 Well-Known Member

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    Ok that was a bit messy but I think I get it.

    Sucks that she has to try to accommodate you, but only try. Meanwhile you're bending over backwards.

    My thoughts - ask her if she'll agree to get orders changed by consent. You can do that without solicitors. You can find more info at this site

    Application for Consent Orders (do it yourself kit) - Family Court of Australia

    But if she won't agree then I'd suggest you just play along. If she then reneges on the agreement you can let her know not to ask for any more favours because refusal may offend. In short tell her that you'd rather just stick to the orders.

    Not legal advice, just my experience. After bending over backwards time and time again - my ex 'forgot' that she had to let me see the kids on fathers day in accordance with the consent orders. She could not be contacted by phone etc and I didn't see the kids on father's day.

    So I politely let her know that I wasn't going to do her any favours. She still asks and I just say, "no".

    It sucks because sometimes I'd like to ask for an extra day here or there, but I've just decided that it is easier to stick with the orders.
     
  8. CHRIS VERFURTH

    CHRIS VERFURTH Active Member

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    Yes, that is exactly my thoughts, but I think by asking if we could get them in consent orders, and I mean just by asking, I will have my answer on how things will be. Hopefully she will say yes, but I will not hold my breath.
     

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