What is a Consent Order?
If you and your ex partner agree on child arrangements but you would like a legal document to formalise your agreement then you can apply for a consent order.
A consent order is a legal document that confirms your agreement. It can include details about how you’ll look after your children, such as:
- where they live
- when they spend time with each parent
- when and what other types of contact take place (phone calls, for example)
- You and your ex-partner both have to sign the draft consent order. You’ll also need to get the consent order approved.
How to get your Consent Order approved
You or your ex-partner need to fill in the C100 Application.
The application form is available to complete yourself online and you do not need to have attempted mediation to apply. If you get stuck, Dads Unlimited can support you with completing the form and in preparing the draft Consent Order.
You will need to pay the court a £232 fee. You may be able to get help with court fees if you’re on benefits or a low income. After the court gets your paperwork
There’s usually no court hearing, however this is decided on a case-by-case basis. For example, the court may want to schedule a hearing to confirm that both parties agree and understand the implications of a legally binding order, especially where neither party has instructed a legal professional such as a solicitor.
A judge will approve your consent order to make it legally binding if they think you’ve made decisions in your children’s interest.
If the judge does not think your consent order is in your children’s interest they can:
- Change your consent order
- Make a different court order to decide what’s best for your children
Attached is a template of a Consent Order, which you can use to formulate your agreement.