Consent Orders

This information page provides advice on 'Consent Orders,' which are used in family court to formalise a previously reached agreement. This page will go over what a Consent Order is, how to apply for one, and what to expect from the court process.

What is a Consent Order? 

It is common for parents to reach an agreement regarding contact and residence. However, informal agreements are not automatically legally binding, so there are few options if the opposing parent breaches the informal agreement. Consent Orders are a mechanism for making an informal agreement legally binding and thus enforceable in family court.

How do I apply for a Consent Order? 

• There must be an informal agreement which is written and clearly presented. It is important to be comprehensive and therefore we would suggest that the following areas are considered:
  • With whom the children will live with and the schedule for this.
  • With whom the children will have contact with and the schedule for this. 
  • Is there scope for flexibility within the arrangements and the schedule for this. 
  • Conditions with regard to contact, i.e. handover arrangements, who bears the cost of travel for handover, contact book, what to do in the event that that either party is delayed or unable to attend. 
  • Arrangements in relation to travelling abroad and what are the conditions of travel. 
• This informal agreement will need to be signed and dated and attached to a C100 court form. 
• There is a question which asks ''Are you applying for an order to formalise an agreement (consent order)?'' on Page 1 of the C100 form under ''Additional Information Required''. The box for 'Yes' would need to be ticked here. 
• The draft informal agreement must be attached to the C100 form and submitted to the local family court. 
• There is a £255 fee to make the application but an EX160 (Fee Exemption Form) can be submitted if the applicant is in receipt of income-based benefits. 

There is not a legal requirement to attend mediation (MIAM) prior to applying to court for a consent order. 

Do I require a solicitor to draft the informal agreement?

It is not required by law to have a solicitor create the informal agreement, but it is recommended to ensure that the agreement is watertight and covers all relevant aspects. A litigant in person, on the other hand, can attach a Cafcass Parenting Plan as evidence of their informal agreement, a mediation service may be able to assist with drafting an informal agreement, or the parents can create their own informal agreement.

A list of standard/template orders can be downloaded from here. These may be of assistance to a litigant in person in drafting a consent order. 

The informal agreement will generally be used as a guide in assisting a court clerk to draft the final court order which has the mandatory information such as warning/penal notices etc included. 

What can I expect from the court process?

Applying for a Consent Order is usually a simple process because there are no areas of contention that require the court's investigation. As a result, it is frequently regarded as a rubber-stamp exercise. The court will, however, ensure that the agreement reached is in the best interests of the child/ren involved. If an agreement is deemed to be not in the best interests of the child/ren, it will not be made legally binding. In most cases, both parties will be invited to attend a hearing at which the court will confirm that the agreement was reached by consent and determine whether any safeguarding checks are required.

Section 1 of the Children Act 1989 provides: 'where the Court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order… unless it considers that doing so would be better for the child than making no order at all. This is known as the 'No Order' principle.

Given that there is effectively no dispute between the parties applying, the concept of a Consent Order appears to contradict the 'No Order' principle. As a result, the court will have to weigh this principle against the grounds advanced in support of issuing a Consent Order.

How can I enforce a Consent Order if it is breached?

Another means of describing a Consent Order would be a 'Child Arrangements Order that has been reached by consent'. Therefore, the relevant court form in order to enforce a Consent Order would be a C79 form, as is the case with a standard Child Arrangements Order. More information on this can be found on our How-To-Guide.