Can I Change My Mind After Signing an Application for Consent Orders?

Can I Change My Mind After Signing an Application for Consent Orders?

Occasionally, someone will ask me if it is possible to change their mind after signing an application for consent orders. The answer to this lies in the timing.

The short answer is:

You can only change your mind after signing, IF the application/orders haven’t yet been ‘sealed’.

Once the Application for Consent Orders has been ‘sealed’ (approved) by the Federal Circuit and Family Court of Australia, it becomes a legally binding court order, making it very difficult to change. 

There are 3 situations where order can be changed.

1. Before the Orders are Sealed (Active Withdrawal)

If you have signed the orders and have changed your mind before they are sealed, you can ‘actively withdraw’ them. You need to act immediately, and you can only do this IF:

• you have signed the consent order document, but it has not yet been filed with the court, or
• if it has been filed, a Registrar has not yet sealed it.

You must send a written notification to the other party (or their lawyer) and, if necessary, also to the Court Registry informing them that you withdraw your consent.

The court may not allow the application to proceed, but if the other party disputes your withdrawal, a hearing may be required to decide if the agreement was binding. 

If there are proceedings on foot, you may also need to file a formal ‘Notice of Discontinuance’.

2. After the Consent Orders are Sealed (Setting Aside) 

Once the court seals the consent orders, you are bound by them. To change them, you cannot simply change your mind. You must apply to the court to have them ‘set aside’ or varied. This would require proving exceptional circumstances. 

The court may set aside or vary a consent order IF: 

• There has been a miscarriage of justice: This includes fraud (e.g. if one party has hidden assets), duress (a person was forced into signing), or suppression of evidence (the deliberate withholding or concealment of relevant information to mislead another party).
• Impracticability: The orders have become impossible to follow due to new circumstances.
• Default: The other party has defaulted on their obligations.

• Exceptional Circumstances (Parenting): Significant changes have occurred since the order was made, such as a child’s welfare being affected and it is in the best interests of the child/ren to make a change. 

Alternative Approach

• By mutual agreement - If both parties agree that the signed application is no longer appropriate, you can work together to file a new application or a ‘variation of orders’.

Key Takeaways

• The court is reluctant to set aside orders because it values the finality of legal proceedings.
• Regret is not a valid reason to set aside an order.
• Proving you were under extreme, unlawful pressure (duress) can be a ground for changing an order.
• If you have signed, you should seek legal advice immediately to determine if you can stop the process or if you have grounds to set the order aside. 

Everyone’s situation is unique. We always recommend that people see an experienced family lawyer to discuss your situation and obtain customised advice about how this process specifically applies to you.

OSheaDyer Townsville has experienced family lawyers who practice exclusively in Family Law.