A colleague of mine was once requested to remove the term ''spousal maintenance'' as it was not an acceptable use of terminology. Needless to say the judge was referred to the Family Law precedents and the fact that the term has been in use since at least 1973.
I haven''t heard of any dukey but I think clear unambiguous Consent Orders are a good idea - I wonder if judges are experts in the field though: www.judiciary.gov.uk/Resources/JCO/Docum...onference-270912.pdf
Lord Chief Justice:
"The judge, contrary to some popular idea, does not know all the law. He does
not go into court with 25 cases in his list and know the law applicable to every case. He does not. He needs help. He needs to
be shown where to find the law."
Maybe the judges reading Consent Orders are on the same learning curve as we are?
Could be why they dread litigants in person rather than a couple of lawyers who can show them the ropes/manipulate them?
I suppose judges do go through a learning cure because they are now sitting in judgement rather than putting arguments to a judge, bear in mind though they don`t sling them in at the deep end, they start as recorder then deputy then district judge, so they become more experienced as they go, judges who seal orders from what i gather are district judges.
As for knowledge i`m not so sure, given a judge is or was an advocate or barrister, sometimes solicitor, they have worked as a lawyer for many years before becoming a judge, i would agree you can`t know it all though, law changes updates go on year by year case law evolves.
I just thought it a bit odd the judge in this case wants a few specific words changing, sure ive read it before though.