"Consent Order vs "Court Order"
- Thread starter anxious
- Start date
wretchedotis
New member
They are one in the same.
The contempt angle is irrelevant.
An Order is an Order.
The contempt angle is irrelevant.
An Order is an Order.
involveddad75
New member
agreed an order is an order they are the same when looking at the enforcement of an order.
That said a consent order is harder to change then a judge's order.
Because as an adult when you sign an order you are suppose to take into account everything reasonably foreseeable in the future. Where as a judge only has the evidence presented to him when he makes his order.
That said a consent order is harder to change then a judge's order.
Because as an adult when you sign an order you are suppose to take into account everything reasonably foreseeable in the future. Where as a judge only has the evidence presented to him when he makes his order.
Tayken
New member
What kind of remedy you are seeking regards the breach of the order is what you should consider. Also, the vast majority of agreements made on consent, even if endorsed by a justice, are not enforceable as contempt or other means.
The vast majority of orders are good faith recommendations and require a significant amount of failure to comply to get any attention.
See Scrivo v. Scrivo on CanLII.org.
I would recommend to anyone to ignore breaches that cannot be enforced and are not commonly enforced. The major breach that any justice will really do anything about (in my personal opinion) is access denials by a parent.
Most agreements made on consent are full of nonsense that cannot be enforced and would make you look like an over-anxious parent if you sought enforcement against the other party for a breech that is silly.
Good Luck!
Tayken