Change a parenting agreement or Consent Order

Overview

A parenting agreement doesn’t have to be changed in court. If you want to change the agreement:

• talk to the other parent to try and negotiate a new agreement (it doesn’t have to be changed in court)
• use family mediation if you and the other parent are having a hard time reaching a new agreement

If the other parent isn't following the agreement

Apply for the court order(s) that applies to your situation:

• Parenting time
• Child support
• Spousal or partner support

How to apply in a Court of Justice

If your order was made in the Court of Justice, learn how to apply for a change in the Changing a court order section.

How to apply in a Court of King’s Bench

If your order was made in the Court of King’s Bench, follow these steps:

Step 1. Prepare the forms

If you’re filing in Edmonton

Fill out a Child Support Data Sheet.

If you’re filing anywhere in Alberta

1. Choose the info pack that best matches your situation:
   • Custody and Parenting Time (Access)
   • Child Support
   • Spousal Support
   • Both Spousal and Child Support
   • Custody/Parenting Time and Child Support
   • All of Custody and Parenting Time (Access) Child Support and Spousal Support
     Use the same court file number and party names from your other Court of King’s Bench documents.
2. In your chosen info pack, fill out these forms:
   • Consent Order
     • both parties must sign it in front of one or 2 witnesses (you can use the same witness)
   • Ex Parte Application
3. In your chosen info pack print this form, for each witness who saw you sign the Consent Order, print this form
   • Affidavit of Execution
4. Give each witness the blank Affidavit of Execution form; have them fill out and sign it before a Commissioner of Oaths.

Step 2. Have the judge sign your order

If you’re filing your Consent Order in Edmonton

Speak with a court forms information coordinator

If you’re filing your Consent Order elsewhere in Alberta

1. Find out when Morning Chambers (also known as morning court) is held at your Court of King’s Bench location. Do this by speaking to a Court of King’s Bench clerk or Resolution Services staff member.
2. Attend Morning Chambers and bring your Consent Order form and Ex Parte form. Wait for the judge to ask if there are any Ex Parte applications or Consent Orders.
3. Approach the front of the courtroom and wait for your turn to speak to the judge.
4. Tell the judge you have a Consent Order, then hand over your order and Ex Parte form to the court clerk.
5. Answer any questions the judge has.
6. The judge will sign your Consent Order, then the clerk will give it to you.

Step 3. File your order

1. Make 2 copies of your signed Consent Order.
2. Bring the original and both copies to the Court of King’s Bench clerk counter. You’ll get one ‘certified’ and one ‘filed’ copy back.
3. Give the ‘filed’ copy to the other party.