Legal Definitions - consent calendar

A consent calendar in family law refers to a specialized schedule used by courts to efficiently handle certain cases involving children. This approach is adopted when all parties involved, including the child (if they are old enough to understand and express a preference), agree that an informal process or hearing would best serve the child's interests. It allows the court to address specific issues more quickly, with less formality, and in a less adversarial environment than a traditional, contested court hearing.

The primary conditions for a case to be placed on a consent calendar are:

• All interested parties must agree to the proposed resolution or action.
• The informal process must be deemed to be in the child's best interests.

Here are a few examples of how a consent calendar might be used:

• Example 1: Minor Custody Schedule Adjustment

  A divorced couple, Clara and Ben, share joint custody of their 12-year-old daughter, Mia. Mia has been accepted into a prestigious summer arts program that conflicts with Ben's usual visitation schedule for two weeks. Clara and Ben discuss the matter and both agree that Mia should attend the program. They work out a temporary adjustment to the visitation schedule for those two weeks and want the court to officially approve their agreement without a full hearing.

  Explanation: This situation is suitable for a consent calendar because both parents (all interested parties) are in agreement about the temporary change. Placing it on the consent calendar allows the court to quickly review and formalize their agreed-upon modification, ensuring Mia's best interests (participating in an enriching educational program) are met efficiently and without the need for a stressful, formal court appearance.

• Example 2: Temporary Guardianship for Medical Reasons

  Ms. Rodriguez, a single mother, needs to undergo a significant surgical procedure that will require her to be hospitalized and then recover at home for several weeks, making her unable to care for her 8-year-old son, Mateo. She asks her sister, Elena, to temporarily care for Mateo and make necessary medical and educational decisions during this period. Ms. Rodriguez and Elena both agree to this arrangement, and Mateo is comfortable staying with his aunt.

  Explanation: A consent calendar is appropriate here because Ms. Rodriguez (the parent) and Elena (the proposed temporary guardian) both consent to the arrangement. The informal process allows the court to swiftly grant temporary guardianship to Elena, ensuring Mateo's well-being and continuity of care (his best interests) while his mother recovers, without the delay and formality of a contested hearing.