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What is a motion on consent in family law and what happens at one?

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What is a motion on consent in family law and what happens at one?
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of the Attorney General
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of the Attorney General

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What is a motion on consent in family law and what happens at one?
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Reviewed: 
July 31, 2017
Answer

If you want the court to make a temporary order about some of the issues in your case, you can bring a motion. A motion is a where a party asks a judge to decide specific issues before a trial.

For example, you may need a temporary order that says where your children will live and what school they will go to.

A motion on consent means you and your partner agree on the temporary orders you want the judge to make.

If you and your partner agree, you can put your agreement in writing in either a consent agreement or minutes of settlement. These are written documents that say what you are agreeing to. They can be handwritten and signed or typed and signed.

Next, you or your partner bring a motion and ask the court to put your agreement into a court order called a consent order.

There are Family Law Rules that tell you what is needed at every step in a court case. Rule 14: Motions for temporary orders tells you what you need to do to get your consent order.

You can talk to a lawyer who can help you with your motion. If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services" or "limited scope retainer" services. This means you pay them to help you with part of your case.

If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.

Other motions

Usually you can bring a regular motion only after a case conference.

But there are some motions that you can bring before a case conference. This includes a motion based on an agreement or an urgent motion like:

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