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Consent Order
#1
If one applies for a CAO by consent, do courts still require safeguarding checks to be done by CAFCASS first?

Also, is there a chance of courts invoking the no order principle and reject the application?
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#2
For a consent order it is just stamped by the court after you come to an agreement between you or via Solicitors. You can get the agreement drawn up at mediation and have legal advice along the way. Once both sides have come to an agreement and it's drawn up it's stamped by the court. So there isn't any Cafcass involved or applications.

It could be an idea to find a Solicitor Mediator (some mediators are also solicitors as well whereas some mediators are from different professional backgrounds eg counselling or ex solicitors). Whilea solicitor mediator would just mediate and not give legal advice, they are up on the legalities of things.
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#3
(01-31-2018, 06:08 PM)Charlie7000 Wrote: For a consent order it is just stamped by the court after you come to an agreement between you or via Solicitors.  You can get the agreement drawn up at mediation and have legal advice along the way.  Once both sides have come to an agreement and it's drawn up it's stamped by the court.  So there isn't any Cafcass involved or applications.

It could be an idea to find a Solicitor Mediator (some mediators are also solicitors as well whereas some mediators are from different professional backgrounds eg counselling or ex solicitors).  Whilea solicitor mediator would just mediate and not give legal advice, they are up on the legalities of things.

Just to add to this, you can use the Mediation Agreement as the Consent Order.

If using a Solicitor, you need to have 1 each, as they have a duty of care to get the best deal for their client, so can not look after you both.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
Thank you both for the reply.

I'm going to ask my solicitor to draft an order and then send it to the ex's solicitor.  Once agreed and signed, we'll file it with C100.
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#5
Is there a good template for the consent order that I could use as a reference point?
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#6
You could use a parenting plan template as a basis for an agreement. I found this one good as it covered so many things that could be issues if not covered. You can edit it to say what you want (ie change some of the wording or headings or delete some headings if not appropriate) but I think you need the facility to do pdf editing on your laptop (eg a paid for upgrade to Adobe). I paid for an upgrade to Adobe just to get court forms and parenting plan done.

As you start filling it in, it helps you think - about what you want, how things will work etc. You can put as much or as little as you want in each section. You can download it further down the page.

What I like about this template is it automatically assumes child "lives with" both parents, by the wording.

https://www.separatedfamilies.info/home/...greements/
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#7
The ex’s solicitor has advised her that given our agreement, there is no need for consent order and the court will apply “no order” principle and reject the application.

Is that correct?
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#8
I don't know if that is correct. I suspect not as "consent" means just that! If both parties have consented to arrangements being in an order then it can be stamped by the court. Maybe her solicitor is out of date as mediation agreements can be made into consent orders these days.

It sounds like ex - and her solicitor don't want any binding orders, but to leave it as informal agreements.
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#9
(02-18-2018, 03:45 PM)Charlie7000 Wrote: I don't know if that is correct.  I suspect not as "consent" means just that!  If both parties have consented to arrangements being in an order then it can be stamped by the court.  Maybe her solicitor is out of date as mediation agreements can be made into consent orders these days.

It sounds like ex - and her solicitor don't want any binding orders, but to leave it as informal agreements.

Thanks.

I've no doubt that without a legally binding order, ex will continue to play her games.  I'll insist that our agreement is made into a consent order and stamped by the court.
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#10
If she doesn't consent, you wouldn't get a consent order, and would be left with the "agreement". If she sticks to the agreement, then ok, but if she starts messing about then you'd need to apply for a child arrangements order. It suggests to me that ex doesn't want to be tied into an agreement and may not stick to it. Are you getting regular contact with the kids?
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