(LPIA)Introduction

Introduction

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.

Before you can use this guide, you must start a family law case. There are two ways to do this: Once you've followed the steps in one of these guides, you can apply for an interim consent order using this guide.

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

At any time, if you and the other person agree on how to deal with parenting and support arrangements, you can:

Sometimes this is called a separation agreement. This isn't a consent order, but it has a similar effect.

Once you file the agreement, it can be enforced as if it were a court order. See Making an agreement after you separate and Who can help you reach an agreement? to find out more about this.

You don't have to start a court action to file your agreement. You just need to file your agreement, and you'll get a court file number.

You can ask the judge to make an order that you both agree to after you've started a case in Provincial Court to get a new order or to change an order). This means:

  • you've filed an Application to Obtain an Order (Form 1), and
  • the other person responded by filing a Reply (Form 3).

Either you or the other person can ask the judge for the interim consent order:

  • at the first appearance,
  • at any other time you appear in court, or
  • at a Family Case Conference.

You can apply for a consent order called a desk order at any time after a case has been started. A desk order is an order that a judge makes at their desk based on documents you submit. You don't need to go to court to get a desk order.

Once you receive a Reply (Form 3), you can apply for a consent order.

What the law says about parenting, support, and property when you separate

For more information, see:

Get legal help

It's a good idea to get some legal help before you use this guide. If you can't afford a lawyer, you can get legal help in other ways, including:

Staff at Justice Access Centres in Abbotsford, Nanaimo, Surrey, Victoria, and Vancouver can also answer your questions and help you fill out forms.

For information about legal aid, see the Legal Aid BC website.

Updated on 14 May 2021
Wellness

It's great that you both agree what you want the court order to say. You'll save yourselves a lot of stress.