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.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-26-2013, 06:49 PM
Member
 
Join Date: Mar 2013
Posts: 48
anxious is on a distinguished road
Default "Consent Order vs "Court Order"

When a Judge is considering someone as being in breach of an Order, does a "Consent Order" signed off by a Judge carry the same weight as a "Court Order" by a Judge?
Reply With Quote
  #2 (permalink)  
Old 09-26-2013, 07:30 PM
wretchedotis's Avatar
Senior Member
 
Join Date: Oct 2009
Location: ON
Posts: 2,317
wretchedotis is on a distinguished road
Default

They are one in the same.

The contempt angle is irrelevant.

An Order is an Order.
Reply With Quote
  #3 (permalink)  
Old 09-27-2013, 12:14 AM
Senior Member
 
Join Date: Jan 2013
Location: Some where, out there.
Posts: 699
involveddad75 will become famous soon enough
Default

agreed an order is an order they are the same when looking at the enforcement of an order.
That said a consent order is harder to change then a judge's order.
Because as an adult when you sign an order you are suppose to take into account everything reasonably foreseeable in the future. Where as a judge only has the evidence presented to him when he makes his order.
Reply With Quote
  #4 (permalink)  
Old 09-27-2013, 04:39 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by anxious View Post
When a Judge is considering someone as being in breach of an Order, does a "Consent Order" signed off by a Judge carry the same weight as a "Court Order" by a Judge?
What kind of remedy you are seeking regards the breach of the order is what you should consider. Also, the vast majority of agreements made on consent, even if endorsed by a justice, are not enforceable as contempt or other means.

The vast majority of orders are good faith recommendations and require a significant amount of failure to comply to get any attention.

See Scrivo v. Scrivo on CanLII.org.

I would recommend to anyone to ignore breaches that cannot be enforced and are not commonly enforced. The major breach that any justice will really do anything about (in my personal opinion) is access denials by a parent.

Most agreements made on consent are full of nonsense that cannot be enforced and would make you look like an over-anxious parent if you sought enforcement against the other party for a breech that is silly.

Good Luck!
Tayken
Reply With Quote
Reply


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


Similar Threads
Thread Thread Starter Forum Replies Last Post
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 04:46 PM
Order rejected by Wif's lawyer dvr Divorce & Family Law 2 05-01-2007 01:03 PM
Email from my Lawyer - ???? serrona Divorce & Family Law 4 11-24-2006 12:58 PM
aftermath littleman Divorce & Family Law 1 09-27-2006 10:43 PM
Rule 25: ORDER Grace Divorce & Family Law 2 04-24-2006 07:55 PM


All times are GMT -4. The time now is 09:05 AM.