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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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  #1 (permalink)  
Old 08-26-2014, 05:19 PM
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Default So confused???

The judge instructed my wife to type up the order and have entered into the courts for issuance. It was denied. They won't really explain what is wrong with it just that it is not in proper format????

I have no idea what to do next to make it proper. Has anyone else had this problem occur?
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Old 08-26-2014, 07:15 PM
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You have what, draft minutes and a judge's endorsement?

Are you using a Form 25 to type up the draft order? Did the endorsement change/vary support? You might also need a support deduction order. I believe you also need to serve your ex with the draft order for review and approval. See here, from logical velocity [our former members were quite knowledgeable]:

http://www.ottawadivorce.com/forum/f...-25-order-886/

Was the judge's endorsement specific as to the details/manner of the police enforcement clause? You might continue to have an issue with your police force regardless of the order - you should perhaps speak with them first before finalizing your draft to ensure your proposed wording meets with their requirements as well for their mechanisms to enforce.
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Old 08-26-2014, 07:27 PM
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So what happened is that we wrote an offer to settle, mom then wrote all over it the changes she wanted, and then the judge added some things.

I typed it on the form 25, exactly as the endorsement just fixing spelling ect. Served it and it was denied.

They took it to the judge who wanted us to change the language to put it all in proper form.
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Old 08-26-2014, 07:31 PM
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Perhaps get the transcripts?

I've had a similar issue with my ex. Judge ordered transcripts (because he's angry with both lawyers) and costs will definitely be placed against the party who is not cooperating.

There are enough people on this forum who have experience with this matter and can help you with "wording." I'd simply email or PM what you need put into order.
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Old 08-26-2014, 08:03 PM
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Yikes, don't be paying for transcripts if you have the endorsement in front of you.

Are you comfortable posting the judge's specific comments on your draft? (to confirm- this wasn't just a counter persons' comments as to format?). If you aren't comfortable posting the comments, pm me and I'll see if I can find someone who can figure it out. - pm your court office location as well.

You had your affidavit of service attached, correct? This part of the procedure is not a complicated process.
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Old 08-26-2014, 08:12 PM
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There you go ... "bob's your uncle" help from mcdreamy - couldn't be better
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Old 08-26-2014, 08:36 PM
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Actually, I have an Uncle Bob.
(My mothers' side of the family is huge, bound to happen).
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Old 08-26-2014, 10:08 PM
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Ok so we had typed up what we wanted. Mom looked over it and made written comments, then judge made some changes.

So the first two pages were judges hand written instructions on an endocement page, then he attached our work which he labled Schedule A. I am writting it out how it is written mistakes and all.

"After beig told that they were going directly to trial, the parties negotiated with the assistance of F's new partner and came to a final order on Consent (sched A attached hereto and initalled 2 by me.)"

In accordance withSchedule A, final OTB in accordance generally as follows:
OTG 1 shared custody
2 ch. to reside with M except when with F pursuant to this order

3. child to be with Fas follows:
a) during sch yr
i) alt. wkds from friday after school until monday to school to be extended to cover holidays created by long wkds.
iiother friday-from Fri after sch until 12 noon Sat.
iii Tel. acc. either tues or Thurs
b) at Christmas
i even yrs-commencing 2 days prior to Christmas Break until 3pm Dec. 15
ii Odd yrs as above until Dec 24, 9pm-from Dec. 31, 3pm until January 5.
c) Father's Day 10-5 (M has mothers day)
d) March break from wed after prior to commencment break until next wed at 8pm
e) summer as per 11 and 2 of schedule A

4 All other terms in Schd A
5 parties to prepare draft order in form suitable for issuance by and entering at court.

Schedule A

Mother may not schedule ongoing classes during the respondents access time. However during competition and end of year recital the respondent will agree to messed access vistis provided that the applicant inform the respondent in writing at least 3 weeks prior. Make up access shall be the following weekend that is not the respondent's normal weekend where by he picks up the child at school on the last day of school and returns her to school the first day following the weekend.

In the event that the child is not at school for pick up at the end of the school day it is the applicants responsibility to make the child available for pick up at 3pm.

If the child is not sent to school. she is normally picked up from for her father, or is not made available for pick up from the Applicant mother at the same time as the end of the school day the Respondent father shall have make up access/parenting time starting from the Thursday of the next weekend that is not the Fathers' usual weekend overnight until Monday drop off at school

If the child is not sent to school, she is normally picked up from on her access/parenting time with her father 4 times within a year, then Fathers schedule shall change so that he sall from then on pick up the child on the thursday before his usual weekends directly from school and the return time shall remain the same.

for the child's birthday April 18th, the respondent father shall have access with the child on a weeknight from 3pm until 6pm, the applicnat will have the remainder of the evening. On weekend that is not the responents access weekend he shall have access from 1-4 pm. If it is the respondents weekend then the applicant shall have access from 1-4pm

The respondent father shall have the child on his birthday, his wifes and that of his children. Access shall be 3-7 on weeknights and 2-7 on weekends. The dates are January 3, Feb 5, April 26, May 13 August 31 and September 9

summer access odd years Dad have 2 days prior to last day of school break until 2nd monday of July remainder of summer shall be alternating weeks transfers on mondays.
Even years dad has alternate weeks starting the first monday following the end of school. summer access is uninterupted

In the event of a death in the immediate family the respondent shall be able to have extended parenting time to allow the child to attend any funeral, or memorial service or family gathering. He shall provide the applicant with the dates as soon as available in writing. the respondent shall not need the applicant's approval of dates but must provide them in writing. Immediate family shall be defined as the child's parents, siblings, grandparents, uncles, aunts, and cousins both by blood and by marriage.

The respondent father shall have the child for extended special life events of her siblings and family. This shall include but not limited to :school graduation and graduation parties. Father will provide mother the dates at least 2 weeks in advance. Mother will make child available for father. He shall have child for the duration of event.

Child's grade 8 graduation: mother may have Mackenzey for getting ready and taking her to the graduation. Father and his family shall attend and pick up child from graduation and keep her for the remainder of the night.

Both parents are able to travel outside of Canada with the child. The requesting parent will be responsible for all costs associated with obtaining a passport if needed and travel authorization letters. The other parent will sign any needed forms within 7 days of request being given to them in writing.

In the event that the child needs to be taken out of school for medical reasons the same day of Fathers visits, then the school shall contact father or his designate immediately. If he or his designate does not attend forthwith to take the child to a medical attendance, then the applicant mother may do so.

The applicant mother may not remove the child from school on the respondent fathers access days. The respondent shall be responsible to provide a copy of the order to the school so they are aware.

Both parents have the authority to book and take the child to medical attendances and appointments and have the autiority to make emergency medical decisions when the child is in their care.

Both parents have the duty to contact the other parent about any medical emergencies as soon as they can safely do so.

Both parents must notify the other parent of any medical apointments scheduled for the child within 48 hours of booking such appointment. Both parties shall be able to attend all specialist appointments to give information and hear firsthand any recommendations.

The respondent father shall be listed as other parent and emergency contact for all school and medical records.

The applicant mother shall provide the respondent with a list of names and contact information of all medical and third party service providers connected with child. The applicant shall update the respondent with the name and contact information of any new medical or third party service provider within 48 hours of any appointment being scheduled.

both parties shall agree that the child is to be placed on the ABA waitlist. Both parties will ensure that she attends the seeions based on whose accesss day the sessions fall on.

Neither parent shall be able to veto any medical or counseling appointments that the other parent schedules for the child

to keep the child connected with her metis heritage through her father's side, Respondent shall be able to have extended access to bring her to Big Drum events, and aboriginal events.

In the event that either parent will be removing the child from Ontario for more the 72 hours they will ensure to inform the other parent in writing and provide location and contact information.

Both parties shall speak of the other and their family members respectfully when the child is in their care.

Both party's shall either a have any person who says critical things about the other parent in the child's presence leave immediately or b take the child away from the location where the person making critical remarks is.

No party shall speak with the child about the changes in the order in such a way as to blame the other parent.

No conversation regarding access or parenting issues may happen in the presence of the child. All parenting issues and discusions shall happen through email

this order may be modified to fit childs changing needs if both parties agree in writing to any change

the applicant mother shall ensure that no adult male be permitted to be alone with the child.

mother may not change schools without father's written approval or court order

Dad will transport between parties as long as mother lives at current location or Oshawa. In the event that mother moves in future outside city of Oshawa, recieving parent will transport

The resppondents arrears shall be decreased by 1000.00

Arrears payments shall be in the amount of 50 per month until

Respondent shall pay the applicant $250 per month in accordance with the child support guidelines

Parties to file inc. Tax returns annually by april 30 and give the other party a complete copy of return by May 7 Parties to send notices of assesment to eachother within 7 days of receipt

This order shall be enforceable by the respondents 2005 police enforcement order.
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Old 08-27-2014, 06:48 AM
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Every paragraph has to be numbered.

There is lots of info online about how to prepare a draft order. However, go to court clerk and beg for mercy. They will likely help you understand.

You also need to ensure one party serves it on the other and either ten days has lapsed, the consent to content, etc.
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Old 08-27-2014, 09:29 AM
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I numbered every paragraph.
Corrected all the spelling
Added the FRO clauses
and was rejected

I asked for help and they said the court doesn't have the time or the resources to help and explain.

So I took an old order and tried to copy the flow of that. Some of the paragraphs were written by the judge, and some were by a lawyer that gave me original advice and it was still denied!

So each time its rejected and i rewrite it will I have to serve my daughters mother and wait the 10 days?
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