What a consent order is and how to get one
If you and your co-parent have reached an agreement, a consent order makes it legally binding. Here is what that involves and when it is worth doing.
When separated parents reach an agreement about child arrangements, there is a decision to make: leave it as an informal understanding, or take the extra step of making it legally binding.
A consent order is how you do the second thing. It is a court order made by a judge that records the agreement both parents have reached. Because it is a court order, it carries legal weight that a private agreement does not. If either parent later stops following it, the other has a formal mechanism for enforcement rather than having to start the legal process from scratch.
This post explains what a consent order covers, how the process works, and when it is worth pursuing.
The difference between an agreement and a consent order
A written parenting plan, signed by both parents, is a record of what was agreed. It is useful, and for many families it is enough. But it is not enforceable in the same way a court order is.
If one parent stops following an informal agreement, the other parent’s options are limited. They can attempt to negotiate, seek mediation, or apply to court for an order. Each of those takes time and the absence of an existing order means starting the legal process from the beginning.
A consent order changes that position. If a consent order is being breached, the parent it was made in favour of can apply to enforce it directly, without having to re-establish the underlying agreement first. The court has already approved the arrangement; the question becomes why it is not being followed.
This does not mean every informal agreement needs to become a consent order. Where the relationship between parents is functional and both are committed to the arrangement, an informal agreement often works well for years. The consent order becomes more important where there is a history of conflict, where one parent has concerns about future compliance, or where the arrangements are complex enough that clarity matters.
What a consent order can cover
In England and Wales, consent orders in children cases most commonly set out:
- Where the child lives and with whom
- When the child spends time with the other parent, including term time, holidays, and special occasions
- Arrangements for handovers, including location and time
- Any conditions attached to contact, such as how communication between parents should happen
- How decisions about the child will be made
Consent orders can also cover financial arrangements between parents, including the family home and other assets, though these are separate from child arrangements and involve a different process.
In the US, a consent order or agreed parenting order performs broadly the same function, though the terminology and procedure vary by state. The core principle is the same: a judge reviews the agreement, satisfies themselves that it is in the child’s interests, and approves it as a formal order.
How the process works in England and Wales
You do not need to have been through contested court proceedings to get a consent order. Parents who reach an agreement between themselves, whether directly or through mediation, can apply for a consent order to formalise it.
The process involves:
Drafting the order. The proposed order needs to be written in the correct legal format. Most parents use a solicitor for this, even if they have managed the rest of the process themselves. A poorly drafted order can create ambiguity that causes exactly the disputes it was meant to prevent.
Filing the application. You submit the draft order to the family court along with a C100 application form and a brief statement of the arrangements. There is a court fee unless you qualify for a fee remission.
Judicial approval. A judge reviews the proposed order, usually without a hearing, to satisfy themselves that the arrangements are in the child’s best interests. If the judge is satisfied, the order is approved and sealed. If there are concerns, the court may request clarification or list a short hearing.
The sealed order. Once approved, both parents receive a sealed copy of the order. This is the document that carries legal force.
The process typically takes several weeks from filing to approval, longer if the court requests changes or lists a hearing.
What the judge is looking at
Consent order applications are not rubber-stamped. A judge reviewing the proposed arrangements is asking whether they serve the child’s welfare, not just whether both parents have agreed to them.
In most cases, if the arrangements are reasonable and the child’s needs are clearly addressed, approval follows without difficulty. The judge is not re-adjudicating the agreement; they are satisfying themselves that it is not contrary to the child’s interests.
The application is more likely to attract scrutiny if the arrangements appear unusual, if the child is very young, or if there are any welfare concerns on record that the court needs to consider. Having a clear, child-focused explanation of how the arrangements serve the child’s needs is useful in these cases.
When a consent order is most valuable
A consent order is particularly worth pursuing in these situations:
Where there has been conflict. If the relationship between parents has been difficult, or if there has been a history of one party not following through on agreements, having a formal order from the outset provides a clearer basis for enforcement if problems arise.
Where the arrangements are complex. A simple shared arrangement might work well as an informal agreement. An arrangement with detailed holiday schedules, specific conditions, or particular provisions benefits from the precision of a formal order.
Where significant life changes are expected. If one parent is likely to relocate, if the child is approaching a change in school, or if there are other changes on the horizon that might affect the arrangement, having a clear order in place gives both parents a defined starting point for any future negotiation.
Where one parent is uncertain about future compliance. A consent order is not a guarantee that things will go smoothly, but it significantly reduces the steps required to address non-compliance if it occurs.
Varying a consent order later
A consent order is not permanent in the sense that it cannot be changed. If circumstances change significantly, either parent can apply to vary the order. The court will consider the variation application in the same way it would any application affecting child arrangements, looking at what the change in circumstances is and what the child’s current needs require.
What a consent order does is establish a clear baseline. Any variation needs to be formally agreed or ordered, which means both parents know what the arrangement actually is at any point in time.
Before applying
If you are considering applying for a consent order, a brief consultation with a family solicitor is worthwhile even if you intend to manage the application yourself. The drafting of the order is the part most likely to cause problems later if it is not done carefully, and a solicitor reviewing the draft before it is filed is a relatively small investment against the cost of ambiguity later.
If you reached your agreement through mediation, the mediator may be able to refer you to a solicitor for the drafting stage, or your mediation service may offer document drafting as part of their service.
Speak to a qualified family solicitor or attorney about whether a consent order is right for your situation and how to apply. The above is general information only and does not constitute legal advice.
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