Temporary consent order at case conference

[kevindell]

We agreed to a temporary consent order 9 months ago. It should have lasted only 6 months but the judge was away on our return.

The temporary consent was signed with our case conference judge at our original case conference. Things have changed and my ex has gotten really erractic since then, there has been emotional harm to my child. I want no part of this order. I want most of it changed to protect my child.

What do I do? Tell the judge via a case conference brief or file a motion? I cannot figure out from the family law rules.
We are in provincial court, not federal.

[staysingle]

Now that your case conference is over, your only remedy is to file a motion.

[stevepiper]

I agree with staysingle I think you have to file a motion... remember what you think is not ideal for the child may not cause the judge any concern. It takes a lot to get them to make any drastic changes.
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[Tayken]

Originally Posted by staysingle

Now that your case conference is over, your only remedy is to file a motion.

100% correct. Your only relief in the matter is to go to CAS or go on motion. Either way you have an uphill battle.

I highly recommend you read Tug Of War by Justice Brownstone prior to doing anything and really determine if there is "emotional harm" happening. If there is then CAS is the best resource to you.

Good Luck!
Tayken

[Tayken]

Originally Posted by stevepiper

I agree with staysingle I think you have to file a motion... remember what you think is not ideal for the child may not cause the judge any concern. It takes a lot to get them to make any drastic changes.
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Further to this point...

Judges do not want to hear about what you anticipate might happen, what could happen or what you "fear" may happen. They want cogent and relevant evidence to what has occurred. Be very careful with your opinions (emotional facts / emotional reasons) versus what a judge may interpret.

[beebie]

Presumably there was a new "return" or "review" or "adjourned to "date on the Consent Order.

Learn to get along.

[kevindell]

CAS investigated months ago but for a complaint she made about another parent. They investigated the other parent and found no cause for concern. They described my ex's behaviour as bizarre. Now my child's school is expressing some concerns about how the fallout between my ex(she continues to make bizarre complaints about the other parent) and the other parent is affecting my child. This other parent and my child "were" friends for almost 40 years.

[kevindell]

Originally Posted by beebie

Presumably there was a new "return" or "review" or "adjourned to "date on the Consent Order.

Learn to get along.

Yes a return date. Will judge want updates or just want to make the order permanent.

[Tayken]

Originally Posted by kevindell

Yes a return date. Will judge want updates or just want to make the order permanent.

What are you returning to? A motion? A trial? Another conference?

[kevindell]

Originally Posted by Tayken

What are you returning to? A motion? A trial? Another conference?

The temp consent order was created in the case conference. We go back to the case conference judge. I am guessing the view is to make it final.