You can bring a motion on consent at any time, even before a case conference.
If you and your partner agree on what you’re asking for in the motion, you have to first make a written agreement. This written document is called a consent or minutes of settlement. In it, you list the orders you agree on.
Next, you can ask the court to put your agreement into a temporary court order, called a consent order. To do this you or your partner fill out:
- Form 14B: Motion Form, where you list the orders you want the court to make. Attach the consent or any minutes of settlement showing what you and your partner agree to.
- Form 25: Order, where you list the orders you're asking the judge to sign.
- Stamped envelopes addressed to you and your partner if you want your order mailed to you. Otherwise you can pick it up from the court or have it faxed to you.
You may also need to fill out:
- Form 35.1: Affidavit in Support of a Claim for Custody and Access, if your agreement is about custody or access and if you haven’t already filed this form with the court. You have to answer some personal questions about your family situation and tell the court about your suggested parenting plan.
- Form 13: Financial Statement or Form 13.1: Financial Statement, if your agreement is about child support, spousal support, or dividing property. You have to give information about your finances such as your income, living expenses, and assets and debts.
- Form 13A: Certificate of Financial Disclosure, where you list all the documents that prove what you said in your financial statement.
- Support Deduction Order, if your agreement is about support.
- Support Deduction Order Information Form, if your agreement is about support.
- Updated table of contents, that lists the documents you're adding to your continuing record.
You need to call the court or go to the courthouse to ask the court clerk for a date when the judge will hear your motion. You write this date on your Form 14: Notice of Motion.
Make copies of your completed documents for you and your partner.
You must serve your partner with a copy of the documents at least 4 days before the date of your motion. You serve your partner by regular service or special service. Serve your documents below explains how to do this.
See Count time below to understand how to calculate days or time correctly. This is important because court staff may not accept your documents if you haven't followed the rules.
You need to go back to the courthouse once your partner has been served to file your documents and Form 6B: Affidavit of Service in your Continuing Record. Update your continuing record below explains how to add documents in your court file.
If you and your partner agree, your partner does not have to file a response.
Within 4 days of your partner being served, the court makes a decision after looking only at your documents. This includes the consent agreement or minutes of settlement that you and your partner agreed on.
Because you and your partner both agree to the order, the court clerk gives your documents to the judge. The judge reviews your documents and makes an order.
The court clerk sends a certified copy of the signed order to you and your partner in the stamped envelopes you provided. They can also fax it to you, or call you to pick it up, if that’s what you prefer.
If the judge has questions for you or your partner, the court clerk will contact you with a court date or provide you with a copy of the judge’s endorsement that sets out any other steps you or your partner have to take. An endorsement is the written directions a judge gives you and your partner that says what you must do or not do.