What is a consent application?
Rule 10-7 creates a streamlined procedure for specified applications where the required parties agree to the order. The procedure can apply to an interim order, a consent change/suspension/termination of a final order, certain orders dealing with filed agreements, parenting-coordinator determinations or arbitration awards, and a consent amendment to a case plan order.
The core documents: F29 and F33
The usual Rule 10-7 package includes:
- Form F29 — Requisition for Consent Order or for Order Without Notice;
- Form F33 — Consent Order as the proposed order;
- evidence, under Rule 15-1(11), showing that the application is consented to;
- where guardianship is sought, the required Form F101 affidavit; and
- any consent or comments of the Public Guardian and Trustee required by the Infants Act.
When Rule 10-7 can be especially useful
Common situations include converting an interim agreement into an order, changing a final order by consent, documenting agreed parenting or support terms, or formalizing another order that falls within the categories in Rule 10-7. A consent application is also one of the listed exceptions to the usual requirement to conduct a judicial case conference before serving a notice of application.
Who actually makes the order?
A registrar reviews the filed materials. If the Rule permits and the required conditions are satisfied, the registrar may enter the order. Otherwise, the matter may be referred to a judge or associate judge, who may make the order or give directions. The fact that the parties agree therefore does not remove the court’s supervisory role.
Final orders versus interim orders
Rule 15-1 links the form of an order to what the order does. Form F33 is used for a consent order in the situations identified by the Rules, including a consent order that changes, suspends or terminates a final order. A different order form may be required in other procedural settings, so do not simply reuse an old F33 from a different case.
Common mistakes
- Using “consent order” as a label when not every affected party has actually consented.
- Drafting terms that are vague, internally inconsistent or do not match what the parties agreed.
- Forgetting a required guardianship affidavit or other supporting document.
- Using a consent-order package for a contested issue.
- Assuming the registry will rewrite unclear substantive terms.
Where a lawyer can add value without full representation
A negotiated resolution can save substantial litigation cost, but poorly drafted consent language can create later enforcement or interpretation disputes. Limited-scope review is often most valuable at the drafting stage: checking whether the order says exactly what the parties intend, whether it is enforceable, and whether tax, support, property or parenting consequences have been overlooked.