TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Family/How does a court handle a…
Family

How does a court handle a motion to change brought jointly by both parties on consent?

TSL Written by the Treadstone Law team· Updated August 2026

A motion to change brought jointly, with both parties agreeing on the proposed variation, is generally handled far more quickly and simply than a contested one — since there's no dispute for the court to resolve, the process typically focuses on the judge reviewing the proposed consent order to confirm it's appropriate, rather than hearing arguments or evidence from opposing sides. This often means the matter can be dealt with through the paperwork alone, without a full attended hearing, depending on the court's practice and the nature of what's being changed.

Even on consent, a judge isn't simply a rubber stamp, particularly where the change involves a child, since the court still has an independent responsibility to be satisfied that what the parties have agreed to is actually in the child's best interests, or, for support matters, is consistent with the applicable guidelines and disclosure. If something in the proposed consent order raises a concern, the judge can ask questions or decline to approve it as written, even though both parties agree. Because the process is still faster and more straightforward than a contested motion, working out an agreement between the parties before filing is generally worth the effort.

Key takeaways

  • A joint motion to change on consent is typically resolved much faster than a contested one.
  • It often proceeds through paperwork review rather than a full attended hearing.
  • The judge still independently reviews whether the agreement serves the child's best interests or follows guidelines.
  • Reaching agreement before filing generally makes for a faster, simpler process.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →