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If you have a final order, is there anything that can nullify it?

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  • 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

  • #2
    I believe you would require a new order or agreement.

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    • #3
      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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      • #4
        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.


        Sent from my iPhone using Tapatalk
        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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        • #5
          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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          • #6
            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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            • #7
              Originally posted by truetoyourself View Post
              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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              • #8
                I got the lease broken early and we both moved out our separate ways.

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                • #9
                  Originally posted by trinton View Post
                  So you got sole custody via court order and then moved in with him and are now living with him. Correct?


                  Sent from my iPhone using Tapatalk
                  I got the lease broken early and we both moved out our separate ways.

                  Sent from my SM-G900W8 using Tapatalk

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                  • #10
                    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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                    • #11
                      Originally posted by trinton View Post
                      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


                      Sent from my iPhone using Tapatalk
                      I don't see final or interim written on it. I just recently ordered another certified true copy (different province). Don't think I have all pages on copy. It was only for child support and section 7. No custody. Custody came later in a separate one in 2012 (supreme court in ontario) and that one is final (checked mark on it).

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                      • #12
                        Originally posted by truetoyourself View Post
                        I don't see final or interim written on it. I just recently ordered another certified true copy (different province). Don't think I have all pages on copy. It was only for child support and section 7. No custody. Custody came later in a separate one in 2012 (supreme court in ontario) and that one is final (checked mark on it).

                        Sent from my SM-G900W8 using Tapatalk


                        You need to find out what that original order is for. How could there be an order for child support if we don't know who has custody? It is to my understanding that one parent has to have custody before being eligible for child support.

                        What does the supreme order say about child support ?




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                        • #13
                          Originally posted by trinton View Post
                          You need to find out what that original order is for. How could there be an order for child support if we don't know who has custody? It is to my understanding that one parent has to have custody before being eligible for child support.

                          What does the supreme order say about child support ?




                          Sent from my iPhone using Tapatalk
                          So in 2010 he left us. Moved away and nowhere to be found. That order only spoke of child support and section 7 with start date and how much.

                          In 2012, I filed for sole custody and 4 other things.

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                          • #14
                            Originally posted by truetoyourself View Post
                            So in 2010 he left us. Moved away and nowhere to be found. That order only spoke of child support and section 7 with start date and how much.

                            In 2012, I filed for sole custody and 4 other things.

                            Sent from my SM-G900W8 using Tapatalk


                            What was discussed about the 2010 order in the 2012 proceeding?


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                            • #15
                              Originally posted by trinton View Post
                              What was discussed about the 2010 order in the 2012 proceeding?


                              Sent from my iPhone using Tapatalk
                              Absolutely nothing. It was a one pager with the 5 things I wanted. 1-sole custody 2- no need for biological father's signature for passport app. 3-legal name change of child 4-arranged visit's when he was in town and 5- that I he was to provide me with a letter when I traveled. That's it.

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