Can I File a Parenting Agreement With the Court in Ontario Without a Hearing?

Yes, parents who reach agreement during a case can ask a judge to make an order on consent. If you agree at a case conference, the judge may have you sign Minutes of Settlement and may then make an order based on them.

In the Superior Court, motions on consent, unopposed motions and simple procedural motions are dealt with in writing, without a hearing, using Form 14B: Motion. To change a final parenting order by agreement, both parties sign Form 15C (Consent Motion to Change) in front of witnesses and file it with Form 14B and a typed Form 25 draft order (5 copies).

Under the Divorce Act, the court must include a parenting plan the parties submit, unless the plan is not in the child's best interests, in which case it may modify the plan. If the judge grants the order, the court sends the signed order; if not, it sends an endorsement explaining why. An informal plan can be difficult to enforce, so putting it in a separation agreement or court order matters. Exactly which forms apply depends on whether a case is already open, so a lawyer can confirm.