How do I get a consent order changed in Alberta?
This answer covers the law of Alberta.
You can change a consent order without going back to court if the other parent agrees, but if they will not agree you need a court application. A Consent Order needs both parties to sign it. An agreement can also be changed by negotiating with the other parent, or by family mediation if you cannot agree.
If you cannot agree, a court application under the Divorce Act s. 17 or the Family Law Act s. 34 or s. 77 is needed, and you must show the statutory change in circumstances. For parenting, the Divorce Act asks for a change in the circumstances of the child since the order was made, while the Family Law Act asks for a change in the needs or circumstances of the child. For child support, the Family Law Act also allows evidence of a substantial nature that was not available at the previous hearing.
To make a new consent order together, both parties sign before one or two witnesses, each witness completes an Affidavit of Execution before a Commissioner of Oaths, and a judge signs in Morning Chambers. Which route applies depends on your order, so a lawyer can confirm.
Key takeaways
- A Consent Order needs both parties to sign it, and an agreement can be changed without court by negotiating or by family mediation.
- If the other parent will not agree, a court application under Divorce Act s. 17 or Family Law Act s. 34 or s. 77 is needed.
- For parenting, the court must be satisfied there has been a change in the circumstances of the child under the Divorce Act, or in the needs or circumstances of the child under the Family Law Act.
- The right forms and court depend on your order and your situation, so a lawyer can confirm the route before you file.