What Is a Consent Order in BC Family Court and How Do I Get One?
This answer covers the law of British Columbia.
A consent order is a court order that records terms you and the other person have already agreed on. In British Columbia, you ask for one in either the Provincial Court or the Supreme Court, and the forms differ.
In Provincial Court, you apply in Form 17 with a draft consent order in Form 18 signed by the parties or their lawyers. A judge may approve and sign it without anyone attending, ask for more information, change the draft with the parties' consent, or reject it with reasons. The parties may also consent to an order at any time during a court appearance.
In Supreme Court, you file a requisition in Form F29, a draft order in Form F33 and evidence of consent, and the registrar may refer it to a judge or associate judge, or enter the order directly if no party is under a legal disability. Consent applications are exempt from the judicial case conference requirement. A court may also incorporate a written agreement into an order. A parenting agreement can still be set aside or replaced if the court finds it is not in the child's best interests.
Key takeaways
- In Provincial Court, you apply in Form 17 with a draft consent order in Form 18 signed by the parties or their lawyers.
- In Supreme Court, you file a requisition in Form F29, a draft order in Form F33 and evidence of consent.
- Applications for a consent order are exempt from the Supreme Court judicial case conference requirement.
- A parenting agreement can be set aside or replaced if the court is not satisfied it is in the child's best interests.