Prepare the court documents
Before you use this guide, you must start a family law case. There are two ways to do this, depending on your situation:
- To start a new case (you don't have an order already), see our step-by-step guide Start or respond to a family law case.
- To change a court order, see our step-by-step guide Start a family law case to change an order.
Once you've followed the steps in one of these guides, you can apply for an interim consent order using this guide.
If you and the other party agree on how to deal with some family law issues for now, you can apply to the court for an interim consent order. This order will remain in place until the court makes another order.
To get an interim consent order, you need to fill out:
- a Requisition for Consent Order or for Order Without Notice (Form F29) — tells the court what you want and what documents you're providing to support your application;
- an Affidavit (Form F30) — supports the application that says you both agree to the order that you're proposing and explains why the order should be granted; and
- a draft Consent Order (Form F33) — sets out what the court orders. You fill in all the details, and the judge signs it. The consent order you draft will become your interim order, once the judge has signed it.
For more information about preparing orders, see Tips for writing Supreme Court orders and the step-by-step guide Write a Supreme Court order.
For the Affidavit, see also Checklist of information to include in an affidavit or bring to court) and How do you write an affidavit?, and the step-by-step guide Write an affidavit.
You might also file an Agreement as to Annual Income (Form F9). The judge needs information about your finances before they will make an order for support. You should have filed and served the required Financial Statement (Form F8) with your Notice of Family Claim (or Notice of Joint Family Claim) and/or Response to Family Claim. But, if you prefer, you can ask the judge to use an Agreement as to Annual Income (Form F9) instead. This document just shows the amount of income you and the other party agree the order should be based on.
If you use an Agreement as to Annual Income (Form F9), you must also file:
- a copy of the most recent personal income tax return filed by the the payor
- and a copy of the payor's most recent income tax assessment.
If you don’t have these, you must file an affidavit that:
- explains why the unfiled documents aren't available, and
- provides evidence to satisfy the court that the amount of income and child support agreed to by both parties is reasonable.
These forms contain instructions to help you fill them out.