- A consent order puts the terms you and the other parent agree on into a court order, but an agreement cannot be filed on its own or used to change an existing court order.
- In the Court of King's Bench, both parties sign in front of witnesses, each completes an Affidavit of Execution, a judge signs, and you file the original plus two copies.
- If you are asking to reduce support, you keep paying the existing amount until a court makes an order.
If you and the other parent have worked out parenting time or support, you may want that deal to carry the force of a court order. A consent order is the usual way to do that when you both agree.
This article walks through the steps in the Court of King's Bench, the special route for time-sensitive matters, and where to get free help with forms. Details can vary by location, so confirm current steps with the court or a lawyer.
This article covers the law of Alberta.
What a consent order is and what it cannot do
Parents who agree on custody or parenting time, child support, or spousal or partner support can have those terms made into a Consent Order. In plain words, it is a court order that records what you both already agreed to, rather than something a judge decides after a contest.
There are limits. An agreement cannot be used to change an existing court order, and it cannot be filed on its own with the court.
Step-by-step in the Court of King's Bench
- Choose the info pack that matches your issue and complete the Consent Order and Ex Parte Application.
- Both parties sign in front of one or two witnesses.
- Each party completes an Affidavit of Execution before a Commissioner of Oaths.
- Get the judge's signature. In Edmonton this is done through a court forms information coordinator; elsewhere it is done at Morning Chambers.
- File the original plus two copies with the clerk, then give the filed copy to the other party.
Edmonton also requires a Child Support Data Sheet. Read the instructions in your info pack carefully, since missing pieces can slow things down.
Urgent timing and Docket Court
Under the Court of King's Bench Family Focused Protocol, Time-Sensitive Consent Orders are a Desk Process stream. They can be filed by email and are referred to a designated Family Roster Justice.
If your family lives in Calgary or Edmonton, you may end up in the Court of King's Bench Family Docket Court, where the judge first explores a consent order. In Provincial Court docket court, the judge asks whether you have reached agreement, and if so hears it, and the Judicial Court Clerk may incorporate some or all of it into a court order.
If you are asking to reduce support
A payor who applies to reduce support keeps paying the existing amount until a court makes an order. Whether an informal agreement with the other parent changes what you owe depends on your situation, so it is worth confirming with a lawyer before you change any payments.
Getting help and what to do next
Court forms information coordinators give free help finding court forms, understanding when to use them and how to fill them out. They are in Calgary, Grande Prairie, Edmonton and Red Deer (civil, criminal and family) and Lethbridge and Medicine Hat (family only), open Monday to Friday 8:15 am to 4 pm.
- Write down exactly what you and the other parent agreed to.
- Check whether an existing court order is involved.
- Pick the info pack for your issue and gather the forms.
- Arrange witnesses and a Commissioner of Oaths for signing.
- Ask a court forms information coordinator to review how to complete the forms.
- Speak with a lawyer if the terms are complex or an order already exists.
Frequently asked questions
Can I just file our written agreement with the court?
No. An agreement cannot be filed on its own with the court. The terms need to be put into a Consent Order through the application process.
Can a consent order change an existing court order?
An agreement cannot be used to change an existing court order. If you want changes, get advice from a lawyer about the right application.
Where does the judge sign my consent order?
In Edmonton, the judge's signature is obtained through a court forms information coordinator, and elsewhere it is obtained at Morning Chambers.
Do I keep paying support while I ask to reduce it?
Yes. A payor who applies to reduce support keeps paying the existing amount until a court makes an order.
Sources
- Court of King's Bench – Family Focused Protocol notice — albertacourts.ca
- Alberta.ca – Support in preparing court forms — alberta.ca
- Provincial Court Family – Self-Represented Litigants booklet (via search) — open.alberta.ca
- Court of King's Bench – Launch of Family Docket Court — albertacourts.ca
- Alberta.ca – Change parenting agreement or consent order — alberta.ca
- Alberta.ca – Apply for a consent order — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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