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It is a hand written decree that no parent shall take the child out of the province. My ex wants to take the children to BC. I said no. They insist they will do so anyways. If they do will anything happen? Isn't it a crime to defy a writenc ourt order?
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Is the "hand-written decree" (I believe you're talking about the minutes of settlement) signed by both parties and endorsed by the judge?
If so, then it's like a rough draft of the court order. The actual 'good copy' is being made to reflect the minutes of settlement word-for-word.
It is my belief that your ex can go against the order if she so chooses. She can take the children to BC without any repercussions... unless you choose to file a notice for contempt motion (form 31: http://www.ontariocourtforms.on.ca/f...ept105_ODA.pdf) explaining to the judge why and how your ex is in contempt of the court order. If this is the course you wish to take, you will need to contact the courthouse and ask the court clerk to schedule a court date to hear your case. Once you have the date, you fill out the form, serve it on your ex, file it (along with your affidavit of service) with the court, and leave it in the hands of the judge on the day of your court hearing.
If you don't mind me asking... what is the reason behind the judge order that neither parent shall take the child out of the province? And what is your reason for preventing the trip? (You will need to have very good reasons - with proof - as to why your ex should not take the children out of Ontario.) -
I agree with #1, I would just add that if the handwritten order has not been typed into a "good copy" and filed with the court, it is not really in effect. However if you into court again (this could be an interim order made at a case conference for example) the judge will be really really pissed.Comment
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I'm not too sure that it's not in effect until you have a signed and sealed copy. Either way, the signed and sealed copy will be dated the same date as the minutes of settlement.Originally posted by Mess View Post
I'd inquire with the court house about that.
Either way, you can always wait until you have the good copy on hand before you file your notice for contempt motion.Comment
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Our minutes of settlement were dated in May but the final order that emerged from those minutes (exactly word for word) was dated a month later in June. It is the June date that is relevant.Comment
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Make it so, #1.Comment
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That's interesting. I wonder why that is. All our court orders (signed and sealed temp and final) depict the date we were in court... the date on the minutes of settlement. Even though the good copies were issued loooong after the court date.Originally posted by dadtotheend View PostComment
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I would guess it's a matter of public record. While I would think that having a paper signed by judge would carry some weight, it isn't "law" until is part of the public record.Comment
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It wasn't done at a case conference. It was as a result of an emergency order to prevent her family from taking the children to the States. The Judge said no one is to take the children out of the province until custody is settled.Originally posted by #1StepMom View PostComment
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I think it was because the judge left for the day and we sorted out the settlement in court hallway for an hour or so. I'll bet the minutes were left on her desk and she didn't bother to endorse it for a month afterwards because she was so busy.Originally posted by #1StepMom View PostComment
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If it is an emergency order then the judge felt it was a real enough possibility to issue it. You should be having a review of that emergency order quite soon after it was issued though. Has this happened? Emergency orders are not meant to be permanent, they are temporary to allow the other party a chance to speak.
What is her reason to take the kids to BC? Where does her family live in the States? How close is it to where she says she is going? The answers to these questions are important to decide whether it is worth filing the contempt charge.
Tread carefully. That clause is pretty standard when either parent is a citizen of another country. Having it written in a court order does not imply that the parent would necessarily do it, it is a precaution. If she has been planning this trip for a while, and it does not allow her easier access to the States and particularly her family , then it is going to look like you wanted to stop the trip for reasons other than child safety. Unless you are fairly certian her intentions are to leave the country then YOU might be the one to get a tongue lashing from the judge.Comment
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Police Enforecement Clause
A Police Enforcement Clause is handy because you do not have to trust each other..
My former spouse was worried about me taking the kids out of country, I was worried about her trying to stay in Ontario.
Adding a Police Enforement Order allowed us both the comfort that something could be done if the other parent did not come back.Comment
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What is this "police enforcement order"? I searched it but couldn't find it in other threads?Originally posted by epinecone View Post
Thanks!Comment
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Police Enforcement Order
My Children's mother wanted to go on a trip to Ontario, and my parents wanted to take my three kids and I to Cuba for a vacation.
The kids mom would not consent to passports, indicating that she was afraid I would go to Cuba and never come back.. In typical immature fashion, my lawyer told me not to consent to the Ontario trip until she consented to Cuba..
Like the two immature brats we were at the time, we went to court over it...
After her lawyer argued that I was a "Flight Risk" the judge said she would either consent or he would forgo her consent for me to go...
Shortly after when her lawyer suggested that we close the matter of her trip to Ontario, my lawyer suggested a Police Enforcement Order...Her lawyer argued the point for five minutes until the judge said "stop"... He informed her that he was highly concerned that they would be so sure about me abducting the kids and yet would not consent to the PEO.
He expalined to both of us that he was adding a Police Enforcement Order to our Interim Custody Order.. And that it meant of either of us violated our Interim Order in any way, that the other would just have to call the police and they would be obligated to enforce the order..
The alternative would be like this.. if she went to Ontario and did'nt come back, It could take me years to get the kids back.... Forget about the high horse view people have about abduction.. Women from my home town have "escaped" to BC and Ontario and forced the fathers into years of litigation.. If the province they go to is protective of the sanctity of Motherhood (Like BC and Ontario) the kids may not come back at all.
With the PEO the Police are obligated to act, despite any preconceived notions.Comment
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Wow, that's pretty interesting, epinecone. I've never heard of a PEO before but I'm glad to hear they exist. Either way, in our court order it says that either parent must consent to a holiday outside Canada at the other parent's request and must return by the date indicated on the consent letter.
Thankfully, my stepson has been on countless trips with us as well as with his mother, and we've never had any problems. (With the exception of his mother refusing to provide us with his passport one time because she felt we should pay her to use it... which we took to court and had a judge order that the passport would be shared between the parties at the party's request.)Comment
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