Order "by consent"

[ConfusionAndDelay]

Can anyone advise me about this please?

DH has a Shared Residence Order "by consent" basically
he and his ex agreed all the terms of the Order and the Judge agreed and made it into an Order.

This was two years ago and things have changed. DH feels things need to be changed for DSD's benefit and has some very good reasons. His ex refuses.

My question is, we have a Court hearing next month. regarding a Prohibited Steps Order he was granted last month. His ex wants the Shared Residence Order reinstated immediately. Because the Order is by consent can he withdraw his consent as it were and therefore the Shared Residence Order can't be reinstated? Or does it just not work that way?

Are you the person that keeps posting about the same stuff just different questions? If so I'd just keep it to one post

Thanks.

No it doesn't work like that and your husband can't withdraw his consent in that way.

"By Consent" just means the order was agreed by the parties rather than imposed by the judge. In all other respects a consent order is the same as a court ruling. Both are legally binding and enforceable until they expire, are dismissed or varied and replaced with another order.

Your husband will need to show the court that circumstances have changed and why the arrangement he previously agreed was best for the child is no longer in their interests.

Thank you very much, greatly appreciated.

DH was representing himself last time and she had a very good Barrister- he was a little naive I think in believing everything he was told. The Barrister pretty much ran the hearing and had a draft order ready for him to sign. He knows this time he needs to stand his ground and not agree to anything

The current pattern of care was agreed by DH only on the agreement of his ex to attend mediation to discuss XYZ (basically DSD (7 years old) doesn't see either parent for 10 days at a time on a regular basis and it's upsetting her greatly). However his ex then refused mediation despite this undertaking having been recorded on the order (he has proof of this). She also refused to attend the departed parents course the court instructed them too.

As far as we are aware if the Prohibited Steps Order is discharged (likely) then then current Residence Order just comes back into play.. he's hoping he can use this hearing to have the Order amended. But I guess it more likely they will set another full hearing to do that in...?

By consent is agreement and then the court stamps it and then it remains forever unless you can convince a court or the other partner otherwise. Most contact works best when agreed. Can your husband not just reach agreement with the child and its mother? That is bound to work better long term and avoid legal proceedings. As I said on the other thread if he wants say the child with him say Saturday 6pm to when he drops off at school on Wednesday morning and the mother has Wed after school to the Saturday 6pm which would be a reasonably fair split he should seek to agree it with the child and mother and if that fails makes sure he has a written application to that effect for the hearing which is coming up.