Consent Order for Decision-Making Responsibility in Ontario: What Grandparents Need to Know

When Both Sides Agree, You Still Need the Court

A consent order sounds like the easy path — the parents agree, you agree, everyone signs, done. In Ontario family court, it is genuinely faster than a contested hearing, but it is not a rubber stamp. The judge has an independent duty under the Children's Law Reform Act (CLRA) to confirm the arrangement serves the child's best interests before signing anything.

Understanding how consent orders actually work in Ontario prevents the most common surprise: arriving at the courthouse with a signed agreement and learning the judge wants more information before approving it.

How the Consent Process Works

A consent order typically follows mediation or direct negotiation between you and the parents. Once everyone agrees on the terms — who holds decision-making responsibility, what parenting time or contact looks like, how major decisions get shared — those terms go into a draft consent order on Form 25 (Consent).

The steps from agreement to enforceable order:

1. Reach agreement through mediation, collaborative negotiation, or direct discussion with the parents
2. Draft the consent order using Form 25, setting out the exact terms — sole or joint decision-making, parenting time schedule, contact arrangements
3. Complete all mandatory filings — Form 35.1 affidavit (including Part B for non-parents), police record check, and Form 35.1A if any party has CAS history
4. Submit the consent package to the court through the applicable online filing portal or at the courthouse counter
5. Judicial review — a judge reads the package and either signs the order or schedules a brief attendance to ask questions

That fifth step is where many grandparents get caught off guard. The court is not simply filing your paperwork. The judge reviews the consent package against the section 24 best interests factors and checks that the mandatory background screening is complete. The judge may ask questions or request more information before approving the arrangement.

The Judge's Independent Review

Ontario courts hold a parens patriae responsibility — a legal duty to protect children that exists independently of what the adults agree to. In practice, this means:

• Background checks still required. A consent order does not waive Rule 35.1 requirements. Your police record check (obtained no more than 60 days before starting the claim), Form 35.1 Part B disclosures, and CAS records search must all be in order. Court clerks will reject the filing without them, consent or not.
• Best interests must be evident. The judge needs enough factual detail in the affidavits to conclude the arrangement serves the child under section 24(3) of the CLRA — care history, the child's needs, stability of the proposed arrangement, willingness to support the child's relationship with both parents.
• No automatic approval. If the judge has concerns — gaps in the affidavit, a CAS report that raises questions, terms that seem unusual — they can schedule a brief hearing to ask about specific points before signing.

This judicial scrutiny provides an independent check. Once signed by a judge, a consent order is a court order that can be enforced under its terms. Judicial approval does not guarantee that an agreement cannot later be challenged on legal grounds.

Mediation as the Path to Consent

Ontario's courthouse-connected mediation services, funded by the Ministry of the Attorney General, offer a structured way to reach agreement. Mediators conduct mandatory domestic violence screening before sessions begin — if violence or coercion is identified, mediation is deemed unsuitable and the case returns to the court stream.

Sliding-scale fees make mediation accessible for caregivers on fixed incomes. Some courthouses offer mediation at no cost for certain family law matters. The Family Law Information Centre at your local courthouse can explain what is available in your municipality.

A mediated agreement is not binding on its own. It becomes enforceable only when drafted into a consent order and approved by a judge through the process above.

What a Consent Order Costs

When both parties agree, the financial picture improves significantly. A standalone CLRA non-parent application in the Ontario Court of Justice costs $0 in court filing fees. Even in the Superior Court of Justice, pure CLRA claims are exempt from standard filing fees under O. Reg. 417/95.

The real costs in a consent proceeding are:

• Police record check: $40–$75, depending on your local police service
• Commissioning the affidavit: $24.95 + HST per seal if done remotely, or free if sworn before a court clerk or legal aid duty counsel
• Mediation: sliding-scale or free through courthouse-connected services
• Copies and miscellaneous: minimal

Compare that to a contested proceeding where legal representation runs $300–$500 per hour and retainers start at $2,500–$5,000+. A consent path saves real money.

When Consent Is Not Possible

Sometimes a parent refuses to engage, cannot be located, or the safety situation makes negotiation inappropriate. In those cases, you proceed with a contested application — filing your Form 8, serving the respondents, and moving through case conferences toward a hearing. The self-representation guide covers that path.

If circumstances are urgent — the child faces immediate risk — an emergency motion can secure temporary orders while the full proceeding unfolds.

Turning Agreement into a Lasting Order

A consent order, once signed by a judge, can be enforced under its terms. It can help establish your authority with schools, health providers, and government agencies, which may require a certified copy with specific wording. The complete Ontario filing toolkit walks through every step from the initial affidavit through post-order administration, whether you are headed for consent or a contested hearing.

See more Ontario guides →