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

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Old 11-12-2016, 05:36 PM
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Default If you have a final order, is there anything that can nullify it?

Hi, assistance required. If you have a FINAL Supreme Court order (re: custody and other things. Not child support it was a separate order) from 4 years ago. Is there ANYTHING that can nullify it? Anything at all? Attempt at reconciliation that didn't work, a crappy agreement written between the two of you, words that were exchanged etc? TIA
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Old 11-12-2016, 09:44 PM
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I believe you would require a new order or agreement.
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Old 11-12-2016, 11:22 PM
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If you were under duress or had no legal advice, you should move to set it aside immediately.

If there was an error in law, you should appeal it immediately.

If it was a bad deal, like mine was, you can go back to court in a motion to change, the court will change it if it's unreasonable and by in the best interest of the child- there has to be a finding- in my case, the order had no holiday visitation, but provisioned that additional access would be agreed upon but my requests for holidays were denied. My requests about 3rd parties were denied which was interfering with my right to access information from 3rd parties.

Once a final order has been withstanding for a while and you're fine with it then you have to show a material change in circumstance in order to change the order.

To nullify it or set it aside, you should have good reason to do so. What is your reason? You can't just make up a reason that's worked for somebody else.


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Old 11-13-2016, 11:01 AM
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Quote:
Originally Posted by trinton View Post
If you were under duress or had no legal advice, you should move to set it aside immediately.

Once a final order has been withstanding for a while and you're fine with it then you have to show a material change in circumstance in order to change the order.

To nullify it or set it aside, you should have good reason to do so. What is your reason? You can't just make up a reason that's worked for somebody else.


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I am sorry but I don't know what you mean by duress. And I don't know what "set aside" means in legal terms.

I have a final order from 2012 and in it states "sole custody" however, there was a moment of retrial of a family (which failed). Because of that I was told by FRO that my separate order for CS (2010) was nullified. I want to know if the same applies to the custody order. TIA
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Old 11-13-2016, 12:58 PM
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Quote:
Originally Posted by truetoyourself View Post
I am sorry but I don't know what you mean by duress. And I don't know what "set aside" means in legal terms.



I have a final order from 2012 and in it states "sole custody" however, there was a moment of retrial of a family (which failed). Because of that I was told by FRO that my separate order for CS (2010) was nullified. I want to know if the same applies to the custody order. TIA

Clarify "moment of retrial"


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Old 11-13-2016, 01:21 PM
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He led me to believe that he wanted to retry a family. So I believed him and give him another chance. Within three months I found out he was cheating. And although the relationship was over, we wouldn't be where we were living because we signed a lease. And I couldn't afford it on my own.

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Old 11-13-2016, 04:07 PM
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Quote:
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He led me to believe that he wanted to retry a family. So I believed him and give him another chance. Within three months I found out he was cheating. And although the relationship was over, we wouldn't be where we were living because we signed a lease. And I couldn't afford it on my own.

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So you got sole custody via court order and then moved in with him and are now living with him. Correct?


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Old 11-13-2016, 05:59 PM
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I got the lease broken early and we both moved out our separate ways.

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Old 11-13-2016, 06:03 PM
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So you got sole custody via court order and then moved in with him and are now living with him. Correct?


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I got the lease broken early and we both moved out our separate ways.

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Old 11-13-2016, 08:12 PM
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Default If you have a final order, is there anything that can nullify it?

Was the 2010 order a final or interim order ? What custody terms did it grant and in what court.

What was the final 2012 order? Just custody and access?

I'm having a hard time understanding why there would be two different orders from different courts regarding custody and access


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