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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 12-18-2013, 12:43 PM
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Default Need to make changes in the Final Order

I am the Respondent in our family case and last week after the 5 day trial I was awarded full custody of my daughter after three long years of battle.
I received the Judge's final order but the access is not clarified. Also the Judge in one of his points in the Order made reference to the Applicant as Respondent but the remaining paragraph and the context is clearly related to the Applicant.
I need to know the process & what forms to complete in order to ask for the Judge to clarify these points and place a detail in the Access.

Thanks,
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Old 12-18-2013, 01:00 PM
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I don't know if this is any help as my litigation is in Alberta.

My ex's lawyer was disputing the interpretation of the divorce judgement order (rendered 2 years beforehand) and had filed an order based on his interpretation that SS I had received the previous year be used for income calculation for purposes of determining SS. Totally ridiculous, however, we were in a position that a response was required. My lawyer wrote a letter to the judge asking for clarification of the order. The judge met with both lawyers in his chambers and reamed out ex's lawyer stating (according to my lawyer) "Mr. XXX in order to accept your interpretation of this order I would have to re-write the Divorce Act." "Your motion is therefore denied." The judge further elaborated on this in the order which was then filed in court.

In my case petitioning the judge directly cut through the bullshit and stopped the OC in his tracks. I don't believe any forms were used.
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Old 12-18-2013, 01:13 PM
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I just skimmed over your previous posts. I would be very interested to know what happened to your ex for not complying with order to submit documents by deadline. Was income imputed?

Were you awarded costs?

Congratulations on your success in court.
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Old 12-18-2013, 04:38 PM
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Quote:
I received the Judge's final order but the access is not clarified. Also the Judge in one of his points in the Order made reference to the Applicant as Respondent but the remaining paragraph and the context is clearly related to the Applicant.
For the latter point, contact the judge's secretary or administrative assistant to ask for clarification.

For the former, read over the Order again to see what is intended. Is the status quo to be maintained? Are the parties supposed to work this issue out? Is it being left to one party's discretion?

If you are 100% not sure, ask for clarification - including whether it should be achieved by motion for judicial direction.

Any letters to the judge should be carbon copied to your ex, with the cc noted on the letter.
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Old 03-13-2014, 12:21 PM
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After the December Trial, The Judge gave his endorsement on Dec. 17. In the endorsement he gave one more month to my ex to submit her financial statements. On Feb. 19, 2014, we both went in front of the same Trial Judge. On that day, My ex had a lawyer and I was self-represented. The Judge mentioned to her lawyer that this is not a continuation of the trial but since his client didn't submit the financial statements and other documents pertaining to the property, this day is just to review these documents. My ex to no surprise didn't submit all the documents that were ordered by the trial judge.
At the end of the day Judge requested my ex to submit the cost brief by March 15 and I will submit my cost brief on March 30. After which the Judge will make his order on Cild Support, Spousal Support and Property.
I received the passports of my daughter and myself.

Two questions:

1. What should I put in my cost brief document. Is there a tempalte available?

2. My daughter's passport cannot be renewed without her mother's signature even though I have full and sole custody of my daughter. Also the passport office is looking for the Final Order document regarding custody. They didn't accept the Judge's endorsement of Dec. 17, 2013.
Can you help me on how to get her passport renewed. I promised my daughter that this year I will be taking her to Disney Land.

Last edited by slskz786; 03-13-2014 at 12:25 PM.
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Old 03-13-2014, 04:17 PM
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You can ask a judge to give you the authority to be able to apply for a passport in the child's name without the consent or signature of your ex.

Since you have full and sole custody I don't think there should be a problem.

The wording on my final order is (I am the Applicant):

The Applicant shall apply for a passport in the child's name without the consent and/or signature of the Respondent.

The Applicant shall be entitled to travel with the child out-of-country without the necessity of obtaining the Respondent's consent and/or authorization to travel document.

The second part would be important for you since you want to go to Disney Land.
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Old 03-18-2014, 10:51 AM
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Is there a template available for a final order for a parent with sole custody?
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Old 03-18-2014, 10:52 AM
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Default Final Order

Does anyone has a template of final order for a parent with sole custody?
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Old 03-18-2014, 04:06 PM
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Does anyone has a template of final order for a parent with sole custody?
Many people choose to write the judge's endorsement or the minutes of settlement verbatum.

A reasonable drafting:

1. The Applicant/Respondent Mother/Father, NAME SURNAME, shall have sole custody of the children, namely AAAA, born DATE and BBBB, born DATE.

if that is what was agreed to/ordered. There may be incidents of custody (information, etc) that would be included in other clauses.

Be certain to use numbers with each paragraph!
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Old 03-20-2014, 02:30 PM
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Thank you.
Can I ask the Judge to clarify his endorsement in the Final Order. For example, access schedule, travelling etc.
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