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Old 07-04-2013, 10:11 AM
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Tayken Tayken is offline
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Originally Posted by Mess View Post
I do think I will modify my usual advice though. J Czutrin does carefully dance around the idea of final orders, never quite stating that they can NEVER happen without consent of both parties.
Well, Czutrin does state explicitly:

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In making the decision about what is appropriate, a judge must consider the objectives of the Rules, the various remedies the Rules offer and the guidance of Rule 17 as to what orders can clearly be made. The judge must pause when considering orders that do not merely preserve temporarily the status quo and protect parties and children. In the absence of consent, final orders must only be made be based on evidence.
The only place that evidence is heard is on motion or at trial in a family law proceeding. Conference briefs do not form part of the record. So, Czutrin did narrow (possibly) the argument of where a final order could be made by a justice and ultimately in natural justice that is at a trial and in rare situations on motion.

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In the end, the final orders made in this case were made inappropriately, incorrectly in law, and in a manner that was procedurally unfair.
I note one interesting thing... The Justice's name doesn't appear anywhere in this case law. Justice Czutrin should have, in my opinion, had to include the justice who made the order. It is important that the improper conduct of the Judiciary be identified and in my personal opinion any justice whom conducts themselves in this manner in any court should be removed from the judiciary.

Also, my opinion, is that the father in this matter, if married should start a divorce proceeding immediately so the matter is moved from the OCJ to the SCJ. Not to create a procedural nightmare but, to move things to a better and more competent court of jurisdiction for hearing (in my opinion) custody and access disputes.

Good Luck!
Tayken

Last edited by Tayken; 07-04-2013 at 10:13 AM.
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