Turning a Parenting Agreement Into a Consent Order in Ontario

You and the other parent have worked out a schedule and how major decisions will be made, and you have signed something. The next question is whether it can be enforced if things go wrong. Informal plans can be hard to enforce.

This article explains in general terms how an agreement becomes a consent order in Ontario, which forms are commonly involved and what the judge still decides. Which route applies depends on whether a court case is already open, so a lawyer can confirm the right steps.

Why turn an agreement into an order

A parenting plan can set out when each parent spends time with the children and who makes major decisions. Informal plans can be hard to enforce, although you can ask the court to enforce a parenting arrangement in a separation agreement. Failing to follow an order without good reason can bring a fine or jail.

A consent order is a court order that records what both parents agreed. Parents can ask the court to include their agreement in a consent order, and this is simpler when both parties agree.

The court still looks at the child's best interests

Agreeing between yourselves does not guarantee the court will accept every term. If the parties submit a parenting plan, the court must include it in the parenting order unless it is not in the child's best interests. If it is not, the court may modify it before including it.

The court looks at the child's needs and stability, relationships with each parent, each parent's willingness to support the child's relationship with the other, and the history of care. A plan that is clear, realistic and child-focused is more likely to fit within those factors.

A good plan covers practical detail. Justice Canada's checklist includes communication, safety, the parenting time schedule, transportation, changes to the schedule, holidays and vacations, travel notice, school choice, health care, relocation, new partners, dispute resolution and how to change the plan.

Forms and filing routes

The route depends on your situation. If you need to start a parenting case, the forms include Form 8 (Application) and Form 35.1 (Affidavit), and a parent completes Part A only. Parents who agree on the order requested are generally exempt from the Mandatory Information Program. Confirm how this applies at your court.

If your agreement is a separation agreement, it can be filed with the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice with an affidavit (Form 26B). It can then be registered with the Family Responsibility Office. It cannot be filed at other Superior Court locations.

Changing an existing order or filed agreement on consent

If you already have a final order or filed agreement and both of you agree to change it, the Ontario guide uses a consent motion to change. Form 15C is signed and dated by both parties in front of witnesses. You also file Form 14B, a draft Form 25 order (five copies if filing in person), and the existing order or filed agreement.

For changes to decision-making, parenting time or contact, each party must also file a commissioned Form 35.1. Forms can be filed online through Justice Services Online or in person.

If the judge grants the orders, the signed order is sent by email or in the self-addressed envelopes. If not, you receive an endorsement explaining the reasons and any next steps. Before varying a parenting or contact order, the court must be satisfied that there has been a change in the circumstances of the child since the order was made.

What to do next

• Read your agreement closely and confirm that it covers schedule, decisions, travel, holidays and how disputes will be handled.
• Compare it against the Justice Canada checklist topics and fill any gaps.
• Ask whether a case is already open, and which court (Ontario Court of Justice or Superior Court) applies to you.
• Have each parent get advice from a separate lawyer before signing; Ontario.ca says this helps make a mediated agreement legally binding.
• Prepare the forms for your route and keep copies of everything you file.
• Once you have an order, keep a signed copy handy for school, travel and enforcement.

If the cost of a lawyer is a concern, limited-scope services and Legal Aid Ontario may help.

Frequently asked questions