Can parents get a consent order to set child support in Ontario without a trial?
Yes, the vast majority of child support orders in Ontario are made on consent — meaning both parents agree on the amount and a judge makes the order without a contested hearing. A consent order is just as legally binding and enforceable as an order made after a trial. The court reviews the agreed amount to ensure it meets the child's needs and is consistent with the Guidelines before signing it.
To get a consent order, parents typically prepare a draft order reflecting their agreement, bring it before a judge on a short appointment, and the judge reviews and signs it if satisfied. In some cases the court may ask brief questions or require the parents to explain a significant departure from the table amount. The process is designed to be efficient when parents are in agreement.
A properly structured consent order has several advantages over a private written agreement: it is automatically filed with the FRO for enforcement, it is easier to enforce against a non-complying party, and it provides a clear record of what was agreed. Private agreements can also be filed with the court for FRO enforcement, but a consent order formalizes the arrangement directly and avoids any gap between agreement and order. A lawyer can draft the necessary documents and attend with you to have the order signed efficiently.
Key takeaways
- Consent orders allow parents to set support by agreement without a trial.
- A judge reviews and signs the order — it carries the same weight as a litigated order.
- Consent orders are automatically filed with the FRO for enforcement.
- A lawyer can prepare the order and attend the signing appointment.