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Instructions Consent Order Revised March, 2017
Instructions
Consent Order
Before you Begin:
You must have a court action in the Court of Queen’s Bench to use these forms.
If you do not, talk to us about how to start that.
If you are doing a Variation Order, you will need a copy of the old order that you
want to change.
The Consent Order form is used when you and the other party have agreed on
the terms that you want in your order. Fill in the blank clauses have been included for custody, access, child support and spousal support. However, you can add other clauses to suit your agreement.
Warning!
If you are including a reduction of arrears of support, and the recipient of
support has ever been on Income Assistance, you may not be able to do a Consent Order. Talk to Maintenance Enforcement to see if there are any subrogated arrears. If there are, you make an application in court, and serve the Director of Maintenance Enforcement with your application.
If you are wanting to change ongoing support and the recipient of support is on
Income Assistance now, you may not be able to do a Consent Order. Make an application in court and serve the Director of Maintenance Enforcement.
Tips:
Write the clauses in complete sentences. Wrong Joint custody. Visit on weekends. Right The applicant and the respondent shall have joint custody of the children. The applicant shall have access to the children on weekends.
Write the clauses as if it is the judge talking, not as if you are talking. Wrong I will cover the kids with my dental plan. Right The applicant will provide dental insurance for the children through her employment.
If you are not sure how to write your Order, look at your old court orders, or talk to a lawyer.
You may have to re-type the Consent Order form to suit your agreement.
Instructions Consent Order Revised March, 2017
Fill in the Consent Order
Your court file number will be the same as your other Queen’s Bench court
documents.
Fill in the names of the parties, the same as on your other Queen’s Bench court
documents.
Fill in the clauses in a way that shows your agreement.
Have the Consent Order signed and witnessed
Each of you must sign the Order in front of a witness. You can use the same
witness.
The witness or witnesses must complete and sign the Affidavit of Execution
before a Commissioner for Oaths.
Fill in the Ex Parte Form
Fill in the complete names of the parties and the date that you will be bringing this to court. If your court file is in Edmonton, there are special instructions at the end of this document.
Have the Consent Order signed by a Judge:
If your court file is in Edmonton, there are special instructions at the end of this
document.
Talk to the Queen’s Bench clerks or Family Justice Services staff to find out when
“Morning Chambers” is held in your court.
Go to court for Morning Chambers. At the beginning of the morning, before
starting the scheduled matters, the judge will ask “Any Ex Parte applications or consent orders?” At that point, you will see people going to the front of the courtroom and speaking to the judge about their applications and orders. Take your turn and go to the front.
Tell the judge you have a consent order, and hand the Order and the Ex Parte
Form to the clerk to give to the judge. Answer any questions the judge may have.
The judge will hand the signed order back to the clerk who will give it to you.
File the Order
Make two copies of the signed order.
Bring the original and the two copies to the Queen’s Bench clerk’s counter. They
will keep the original and give you one certified and one filed copy back. Give the filed copy to the other party.
Consent Order – Child and Spousal Support Revised February, 2017
COURT FILE NUMBER (File number, as on other court documents)
COURT Court of Queen’s Bench of Alberta
JUDICIAL CENTRE (City or town where court is located)
APPLICANT (Print your full name, as on other court documents)
RESPONDENT (Print the other party’s full name, as on other court documents)
DOCUMENT Consent Order
ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT
(Applicant’s Name)
(Full address)
Date on which Order was pronounced: Location of Hearing: Name of Judge who made this Order:
THE COURT HAS BEEN ADVISED OF THE FOLLOWING :
THE PARTIES have consented to the terms of this Order; THE APPLICANT has a Guideline income of $ ; THE RESPONDENT has a Guideline income of $ ;
THE NAME AND BIRTHDATE of each child of the parties is as follows: born (Child’s full legal name) (Date) born born born
Clerk’s Stamp
- 2 -
Consent Order- Child and Spousal Support Revised February, 2017
THE PARTIES have agreed to depart from the Child Support Guidelines for the following reasons: (Explain)
IT IS HEREBY ORDERED THAT:
- Child Support – Base Amount
shall pay to (Payor’s full name) (Recipient’s full name) the sum of $ per month for the support of the child(ren) of the parties,
(Full names of children) payable on the _____ day of each month, commencing (e.g. 1st^ or 15th^ ) (Date)
- Child Support – Special Expenses (If there are special or extraordinary expenses, choose one and complete) shall pay to (Payor’s full name) (Recipient’s full name) the sum of $ per month for additional expenses for the child(ren), payable on the _____ day of each month, commencing (e.g. 1st^ or 15th^ ) (Date) The following are the additional expenses for the child(ren): (List the expenses. Be specific.)
shall pay to (Payor’s full name) (Recipient’s full name) _____% of the following additional expenses for the child(ren): (List the expenses. Be specific.)
- 4 -
Consent Order- Child and Spousal Support Revised February, 2017
- The amounts owing under this Order shall be paid to the Director of Maintenance Enforcement (“MEP”) at 7th^ floor North, 10365 – 97 Street, Edmonton, Alberta, T5J 3W7, (telephone 780-422-5555, website www.albertamep.gov.ab.ca), and shall be enforced by MEP on the filing of the Order with MEP by the creditor (recipient of support) or debtor (payor of support). The amounts owing shall continue to be enforced by MEP until the party who filed this Order gives MEP a notice in writing withdrawing this Order from filing in accordance with section 9 of the Maintenance Enforcement Act.
___.
Justice of the Court of Queen’s Bench of Alberta
CONSENTED TO:
(Signature of Applicant) (Signature of Witness to Applicant)
CONSENTED TO:
(Signature of Respondent) (Signature of Witness to Respondent)
AFFIDAVIT OF EXECUTION
I ______________________________________ of ____________________________, Alberta (Name of Witness for Applicant’s signature) (City / Town) SWEAR / AFFIRM AND SAY THAT:
- I was personally present and did see _______________________________________ (Name of Applicant) named in the within document, who is personally known to me to be the person named therein OR who identified himself / herself to me by means of photographic identification duly sign and execute the same for the purposes named therein
- The document was executed at __________________________, Alberta, and I am the subscribing witness thereto.
Sworn (OR Affirmed) before me
at , Alberta
on , 20 (Signature of Witness)
Commissioner for Oaths in and for Alberta, Justice of the Peace or Notary Public
Print Name and Expiry / Lawyer / Student-at-Law
ID Verified ________________________
AFFIDAVIT OF EXECUTION
I ______________________________________ of ____________________________, Alberta (Name of Witness for Respondent’s signature) (City / Town) SWEAR / AFFIRM AND SAY THAT:
- I was personally present and did see _______________________________________ (Name of Respondent) named in the within document, who is personally known to me to be the person named therein OR who identified himself / herself to me by means of photographic identification duly sign and execute the same for the purposes named therein
- The document was executed at __________________________, Alberta, and I am the subscribing witness thereto.
Sworn (OR Affirmed) before me
at , Alberta
on , 20 (Signature of Witness)
Commissioner for Oaths in and for Alberta, Justice of the Peace or Notary Public
Print Name and Expiry / Lawyer / Student-at-Law
ID Verified ________________________
