Get an interim family order in Provincial Court if you both agree

If you and the other person agree on what you want in your family order, then you might not have to go to court.

Often both of you can agree on the terms of an order, especially for child support. This is partly because the child support guidelines set out quite clearly what amount of support must be paid.

The procedure for getting a family order when both of you agree is easier and less stressful than preparing for a hearing if you don't agree. It usually doesn't require you go to court.

It's a good idea to get legal advice about your specific situation before committing to an order in a family case.

If the judge has questions about your application, you might need to appear at the registry to answer questions.

You have three options if you want an interim consent order:

You'll need

• a Request (Form 18),
• a Consent (Form 19),
• a draft Consent Order (Form 20) containing the details of the order you want, and
• affidavits to support the order.

You can apply for a consent order at any time after:

• you have your Application to Obtain an Order,
• you have the required financial information, and
• the other person has filed a Reply and their financial information.

If you aren't sure what to put into your affidavit, see:

• Checklist of information to include in an affidavit or bring to court, and
• How do you write an affidavit?

About the forms

If you download the forms from the links above, you'll have to make several copies. If you use forms from the registry, the copies that you need are already included in some of the forms booklets.

The links to the forms above take you to PDF versions of the forms, along with instructions for completing them. You can either:

• fill out the forms online, or
• print them and fill them out neatly by hand, using dark-coloured ink.

You'll need

• Three complete sets of the forms you prepared

Make copies of your completed forms:

• Request (Form 18)
• Consent (Form 19)
• draft Consent Order (Form 20)
• completed affidavits

• A set for you (the Applicant’s copy)
• A set for the other person (the Respondent’s copy)

You'll need

• All three sets of your prepared documents

Take all three sets of your completed forms to the Family Court Registry and give them to the registry clerk.

The registry clerk will keep one set of documents for the court file copy. They'll stamp the other copies and return them to you.

If the registry clerk won't accept your documents, find out why and get some legal advice.

Once you've completed and filed your documents at the court registry, a judge will review them.

The judge might approve and sign your order if they're satisfied that:

• your order is appropriate, and
• you and the other person agree.

If the judge isn't satisfied or needs more information, registry staff will contact you to tell you that you have to appear before a judge and ask for the order (see Step 5).

In all cases, but especially if parenting and support are involved, you must provide adequate information to the judge to support your request. The judge won't simply approve your forms.

Court registry staff might ask one or both of you to appear before the judge to explain your application if:

• the judge doesn't think you've provided enough information, or
• the judge has concerns about the arrangements you've agreed to.

If this happens, bring along copies of all your completed forms and financial records so you can explain your application.

The judge will sign the order when they're satisfied that it's complete and correct. Registry staff will mail you a certified copy of the consent order.

The order is effective as soon as the judge makes it, unless the judge specifies a different date.

You've now gone through all the steps required to get an interim family order in Provincial Court. Thank you for using our step-by-step guide.