Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-27-2006, 05:12 PM
littleman's Avatar
Senior Member
 
Join Date: Nov 2005
Location: OTTAWA
Posts: 552
littleman is on a distinguished road
Default aftermath

ok so I went to court did what needed to be done and got what I wanted **sole custody***......ok now do I need to withdraw from FRO for what has been ordered by the judge......this is what his lawyer is saying......also when do I finally get my custody papers........
  #2 (permalink)  
Old 09-27-2006, 09:43 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

littleman,

Quote:
ok now do I need to withdraw from FRO for what has been ordered by the judge
NO! absolutely NO! The Court Registrar will issue a new support deduction order by default and forward it to the FRO. You can get a copy of this SDO by visiting the court house and asking for same. Complete this package that FRO sends you immediately and forward to the FRO. This process takes time so be patient. In the interim, do not withdraw from the FRO for a previous order. Do not sign any document in regards to same from the other party. If you do, you will have a great difficultly enforcing your old previous child support order. Until a new order is in place the FRO will enforce the old order and will collect arrears for the new order.

As far as the rest of the orders go, get a copy of the Judge's endorsement page from the continuing record. Normally the party that is successful draws up the order, but since you are self represented the other parties lawyer may draw up a draft at their leisure. This might take months. I don't think you want this laissez-faire attitude in regards to the new order.

You could do this yourself by typing out the orders word from word from the hand written endorsement sheet located in the continuing record of the prevailing Judge on court Form 25 http://www.ontariocourtforms.on.ca/e...mily/index.jsp
and serve along with a copy of the hand written Judges endorsement to the other party and their lawyer. They have ten (10)days to respond once served to the draft order. If no response after 10 days, go ahead and file the draft with the Registrar and the Registrar will subsequently forward the order to the Judge that made the order for signing or they may sign the order. Once the order is signed, return back to the court and obtain a copy of the signed order.

See FRO website
http://www.mcss.gov.on.ca/mcss/engli...supp_order.htm


See Rule 25 of the family law rules for drafting of orders.

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

RULE 25: ORDERS

CONSENT ORDER

25. (1) If the parties agree, the court may make an order under these rules or an Act without having the parties or their lawyers come to court. O. Reg. 114/99, r. 25 (1).

SUCCESSFUL PARTY PREPARES DRAFT ORDER

(2) The party in whose favour an order is made shall prepare a draft of the order (Form 25, 25A, 25B, 25C or 25D), unless the court orders otherwise. O. Reg. 114/99, r. 25 (2).


OTHER PARTY MAY PREPARE DRAFT ORDER

(3) If the party in whose favour an order is made does not have a lawyer or does not prepare a draft order within 10 days after the order is made, any other party may prepare the draft order, unless the court orders otherwise. O. Reg. 114/99, r. 25 (3).


APPROVAL OF DRAFT ORDER

(4) A party who prepares an order shall serve a draft, for approval of its form and content, on every other party who was in court or was represented when the order was made (including a child who has a lawyer). O. Reg. 114/99, r. 25 (4).


SETTLING CONTENTS OF DISPUTED ORDER

(5) Unless the court orders otherwise, a party who disagrees with the form or content of a draft order shall serve, on every party who was served under subrule (4) and on the party who served the draft order,

(a) a notice disputing approval (Form 25E);

(b) a copy of the order, redrafted as proposed; and

(c) notice of a time and date at which the clerk will settle the order by telephone conference. O. Reg. 114/99, r. 25 (5).


TIME AND DATE

(6) The time and date shall be set by the clerk and shall be within five days after service of the notice disputing approval. O. Reg. 114/99, r. 25 (6).

DISPUTED ORDER — SETTLEMENT BY JUDGE

(7) If unable to settle the order at the telephone conference, the clerk shall, as soon as possible, refer the order to the judge who made it, to be settled at a further telephone conference, unless the judge orders the parties to come to court for settlement of the order. O. Reg. 114/99, r. 25 (7).

NO APPROVAL REQUIRED IF NO RESPONSE FROM OTHER PARTY

(8) If no approval or notice disputing approval (Form 25E) is served within 10 days after the draft order is served for approval, it may be signed without approval. O. Reg. 114/99, r. 25 (8).



NO APPROVAL REQUIRED FOR CERTAIN ORDERS

(9) If an order dismisses a motion, case or appeal, without costs, or is prepared by the clerk under subrule (11), it may be signed without approval. O. Reg. 114/99, r. 25 (9).

NO APPROVAL REQUIRED IN EMERGENCIES

(10) If the delay involved in getting an order approved would have serious consequences, the judge who made it may sign it without approval. O. Reg. 114/99, r. 25 (10).

WHEN CLERK PREPARES ORDER

(11) The clerk shall prepare the order for signature,

(a) within 10 days after it is made, if no party has a lawyer;

(b) as soon as it is made,

(i) if it is a support deduction order or alternative payment order under the Family Responsibility and Support Arrears Enforcement Act, 1996 or an order under the Interjurisdictional Support Orders Act, 2002, or


(ii) if the judge directs the clerk to do so. O. Reg. 56/03, s. 3; O. Reg. 76/06, s. 6.

WHO SIGNS ORDER

(12) An order may be signed by the judge who made it or by the clerk. O. Reg. 114/99, r. 25 (12).

SERVICE OF ORDER

(13) Unless the court orders otherwise, the person who prepared an order shall serve it, by regular service (subrule 6 (2)) or by mail, fax or electronic mail to the person’s last known address,

(a) on every other party, including a respondent to whom subrule 10 (5) (no notice to respondent) applies;

(b) if a child involved in the case has a lawyer, on the lawyer; and

(c) on any other person named by the court. O. Reg. 114/99, r. 25 (13).

SUPPORT DEDUCTION ORDER NOT SERVED

(14) A support deduction order under the Family Responsibility and Support Arrears Enforcement Act, 1996 does not have to be served. O. Reg. 114/99, r. 25 (14).

SERVICE OF CROWN WARDSHIP ORDER

(15) An order for Crown wardship under Part III of the Child and Family Services Act shall be served on the following persons, in addition to the ones mentioned in subrule (13):

1. The child, if that Act requires notice to the child.

2. Any foster parent or other person who is entitled to notice under subsection 39 (3) of that Act.

3. A Director appointed under that Act. O. Reg. 114/99, r. 25 (15).

SERVICE OF SECURE TREATMENT ORDER

(16) An order for secure treatment under Part VI of the Child and Family Services Act shall be served on the administrator of the secure treatment program, in addition to the persons mentioned in subrule (13). O. Reg. 114/99, r. 25 (16).

SERVICE OF ADOPTION ORDER

(17) An adoption order shall be served on the following persons, in addition to the ones mentioned in subrule (13):

1. The adopted child, if the child gave consent under subsection 137 (6) of the Child and Family Services Act.

2. The persons mentioned in subsection 162 (3) of that Act. O. Reg. 114/99, r. 25 (17).

EFFECTIVE DATE

(18) An order is effective from the date on which it is made, unless it states otherwise. O. Reg. 114/99, r. 25 (18).

Remember that there is really nothing final in family law. If a material change were to occur, either party could bring forth a motion to vary a current order in place. The onus is on the party seeking to vary an order to proof the material change of circumstance ie: ones income increases or decreases significantly, the child's best interest have changed such as a custodial parent relocating. If circumstances such as I have mentioned were to occur, this would construe to be a material change.




lv
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 08:04 PM.