Can a Party Agree to A Consent Order and Later Appeal to Court of Appeal?

That was the central question before the Court of Appeal on 24/8/2026.

 The matter arose from a matrimonial dispute involving child access and maintenance. Following a Judge-led mediation, the parties reached an amicable settlement and recorded a Consent Order.

 The Respondent Wife subsequently challenged the Consent Order on the basis that the terms were unilaterally determined by the learned High Court Judge, thus leading to the appeal before the Court of Appeal.

 The High Court’s records confirmed that it was a Consent Order. The Petitioner Husband is aware that it was a Consent Order. The Respondent Wife tried her luck by claiming that the High Court Judge coerced her. 

 The Court of Appeal saw right through it as simply a case of “second thoughts”.

 The appeal was dismissed with costs. of RM20,000-00

A change of mind does not negate the consent given at the time the Order was recorded. 

#familylaw #consentorder #childcustody #parentalalienation #divorce #courtofappeal