Consent Order Alberta: How to File a Parenting Consent Order

You've negotiated a parenting agreement — maybe through mediation, maybe over the kitchen table, maybe with help from a Family Court Counsellor. Both parents agree on the terms. Now you need to convert that agreement into a legally enforceable consent order that the Court of King's Bench will approve.

This is where many self-represented parents get stuck. The agreement itself might be solid, but the court has strict formatting requirements. Submissions that don't follow these requirements get sent back — sometimes more than once.

What a Consent Order Is

A consent order is a court order that both parties have agreed to. Instead of a judge deciding the terms after a hearing, the parents draft the order together and submit it for judicial approval. A judge reviews the document at their desk (a "desk order"), confirms it serves the child's best interests, signs it, and it becomes fully enforceable — identical in legal force to an order made after a contested trial.

Formatting Requirements

Alberta's Court of King's Bench requires consent orders to follow specific formatting conventions:

Write from the judge's perspective. Every operative clause starts with "IT IS ORDERED THAT..." — not "We agree that..." or "The parties have decided..." You're drafting what the judge will sign, not describing your negotiation.

Use complete sentences. No bullet points or fragments in the operative sections. Each clause must be a grammatically complete sentence that stands on its own.

Be specific about schedules. Don't write "the children will spend time with both parents." Write "The children shall reside primarily with the Applicant and shall be with the Respondent every alternate weekend from Friday at 5:00 PM to Sunday at 5:00 PM, commencing [date]."

Include all relevant provisions. Decision-making responsibility, parenting time, holiday schedules, Section 7 expense sharing, communication protocols, and relocation notice requirements should all be addressed. If child support is part of the agreement, include the specific monthly amount, the Guideline Income used to calculate it, and the number of children.

Reference the correct legislation. If the parents are divorcing, the order references the Divorce Act. If they're unmarried or not seeking a divorce, it references the Family Law Act. Getting this wrong creates enforcement complications.

The Affidavit of Execution

Each party must swear an Affidavit of Execution confirming they understand the terms, agree to them voluntarily, and weren't coerced. The affidavit must be sworn before a commissioner for oaths or notary public — not just signed at home.

The affidavit confirms:

• Each party has read and understands every clause
• Each party signs voluntarily, without duress or undue influence
• Each party understands this will become a binding court order

If one party has independent legal advice and the other doesn't, note this in the affidavit. Courts look more carefully at consent orders where there's a power imbalance in legal representation.

Common Reasons for Rejection

Missing PAS certificates. If the consent order involves children, both parents' Parenting After Separation certificates must be on file. Expired certificates (older than two years) count as missing.

Incomplete financial disclosure. If child support or spousal support is included, the court expects Financial Disclosure Statements from both parties. Submitting a consent order with support terms but no disclosure raises red flags.

Ambiguous language. "Primary care" without defining specific days. "Shared decision-making" without specifying which decisions. "Reasonable holiday time" without a rotation. Judges need precision.

Wrong court. Married parents filing for divorce go through the Court of King's Bench. Some parenting matters can also be filed in the Alberta Court of Justice (Provincial Court). Filing in the wrong court means starting over.

The Submission Process

Compile your package: the consent order itself, both Affidavits of Execution, supporting financial disclosure (if applicable), and proof of PAS completion. Submit through Justice Digital or file in person at the courthouse.

A judge reviews the package at their desk. If everything is properly formatted and the terms appear to serve the child's best interests, the judge signs the order and it's entered. If not, you'll receive written directions explaining what needs to be corrected.

Turnaround time varies by judicial centre — Edmonton and Calgary may take several weeks during busy periods. Once signed, the order is immediately enforceable.

Why This Matters

A signed consent order is not just a piece of paper. It unlocks the Maintenance Enforcement Program for support collection, gives you standing to file enforcement applications for parenting time violations, and provides a clear, court-endorsed framework that both parents can rely on.

The Alberta Child Custody & Parenting Plan Guide walks through consent order drafting clause by clause, with templates that match the Court of King's Bench formatting standards.

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