Where a consent order exists, if one party violates the terms of the order, enforcement and the application of penalties, if warranted will occur much more quickly than would be the case with a parenting agreement. In other instances, the parties simply like the option of having the legitimacy and enforceability of a court order that a consent order provides. It may also be best if circumstances between the spouses are likely to change … such as if one spouse may move away, take on a more demanding job, or remarry quickly. Often, families will choose the consent order option where the spouses anticipate that the might have problems with one another, and are not able to work as cooperatively as is typically required for effectuation of a parenting agreement.
#Judicial consent order child custody how to
When and How to Seek a Consent OrderĬertainly, each family is unique, and what works well for one family with respect to negotiating a custody arrangement might not necessarily work well for another. When the parties have entered into a separation agreement, by contrast, in order to ensure enforcement, one party must sue the other for breach of contract, which can often be a more lengthy and expensive process. Additionally, if the parties wish to modify the order, they must seek court approval to do so. For example, if an official court order is not followed, one party has the right to file a motion for contempt against the other party who is violating the order.
#Judicial consent order child custody trial
Once signed by the judge, the consent order is considered valid and enforceable, and has all the same effects as a court order entered after a trial, without actually having to go through the trial process itself.Īs a consent order is technically an order of the court, this means that it is enforceable in the same was as other court orders. In a nutshell, a consent order is an agreement that is negotiated out of court, setting forth the terms of a custody arrangement, which is then submitted to the court for the judge’s signature.
It may be the result of a mediation or collaborative law process, and is an agreement that reflects the decision of the parents as to what the best custody arrangement is for their family circumstances. Create and Sign a “Parenting Agreement”: This is an agreement between the parents that is created and signed entirely out of court.When attempting to resolve custody issues, parents generally have three options: Options for Resolving Child Custody Issues Different options work better for some families than others, so exploring the options thoroughly before making a decision is important.
Beyond simply thinking about what an ideal custody arrangement might look like, the parties also need to decide the best way to reduce that agreement to writing.
Determining exactly what that is, however, particularly when it comes to custody, can be a difficult decision to make. Without question, most parents love their children and want the best for them. Without question, the issue of child custody is often one of the most emotional issues that parents will have to face and resolve during the divorce process.