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
  #11 (permalink)  
Old 09-16-2015, 09:25 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,408
mcdreamy is on a distinguished road
Default

OP, even had the judge had your brief to review in advance, from what you have posted you don't appear to have met the requirements of a change of access/custody based on a material change in circumstance.

Sounds like he gave you an opportunity to verbally put forth your position, and your arguments failed. I'm curious, did you seek any preliminary advice from a lawyer(s) with respect to proving material change?
Reply With Quote
  #12 (permalink)  
Old 09-17-2015, 07:14 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,843
arabian will become famous soon enough
Default

Agree that his position may be weak with regards to material change of circumstances. However, it sounds as though the judge did not read his submissions and made a cost award without reviewing anything. Procedurally this would be incorrect?
Reply With Quote
  #13 (permalink)  
Old 10-05-2015, 02:38 PM
Member
 
Join Date: Apr 2011
Posts: 47
lets_be_fair is on a distinguished road
Default

I called the mediator/arbitrator to set up appt and he asks for a copy of the judges order. He calls back and says he cannot follow the judges order as it states "mediation/arbitration" and our parenting agreement only states we seek mediation. He asked why the judge sent us back to him because he knows mediation does not work with us. We have attempted unsuccessfully 2 times and the parental agreement states we try mediation and if that does not work then we seek court. That is what I did.
So now I am in a rut. Her lawyer just sent me a copy of the order asking me to accept and sign it. I am representing myself and feel in a rut here with the judicial system.
I am going to email her lawyer and let them know the med/arb is not accepting the judges order and that we need to seek arbitration ourselves or go back to court.
I want to stay out of the courts if possible as my time last month was a nightmare.
Reply With Quote
  #14 (permalink)  
Old 10-05-2015, 03:51 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,174
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

The judges new orders should override any existing order in the parenting agreement. The mediator doesn't have the authority to override the judge's orders, and should they choose to they should be obligated to report that to the judge directly, as well you may seek further direction from the judge.
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
Right Court JayBon Divorce & Family Law 1 03-31-2010 11:11 PM
Superior Court vs Family Court lee1869 Political Issues 6 03-11-2010 02:08 AM
Lawyer Submits False Court Order Beaudoin Divorce & Family Law 11 12-17-2008 10:58 AM
Discouraged by family court system #1StepMom Divorce & Family Law 9 12-02-2008 09:48 PM


All times are GMT -4. The time now is 12:50 PM.