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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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Old 04-02-2010, 09:36 AM
Nadia Nadia is offline
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Default Variation on Final Court Order

We have a final court order from March 2009. There have been ongoing issues with it because some of it is not clear enough and in other places it is difficult to enforce.

I would like to vary the final court order. Minor issues to add times for pick ups when there aren't any specified and to make other changes because of change in circumstances.

For example, for Easter break, my ex was supposed to pick up the children from the daycare at 5pm - his regular access time. Instead he picked them up at 12noon. In the process my daughter missed her regular therapy appointment that takes place at 3pm. Written as it is the daycare provider said the father could pick up the child at 10.00am had he wanted because there was no time written on that "particular" paragraph.

But when the paragraph was written it was agreed that should he have them for Easter weekend he shouldn't have to wait until Friday morning (Good Friday) to have access but should be at liberty to pick them at the close of daycare/school the day before.

I arrived to pick up my daughter just before 3pm only to find that the children had been picked up some three hours ago. Tried to contact the ex about the appointment, and just got lots of verbal abuse in return.

The other changes I would make relate to March Break. When the court order was written, I was a stay at home mom with two children under the age of three. So, the father was permitted to have the children every March break. Now, that I am working two part-time jobs, I would like to alternate March Break even-odd years.

Can anyone give me any advice about how I can ask the court for a variation in the court order. I'm representing myself.
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Old 04-02-2010, 10:04 AM
#1StepMom #1StepMom is offline
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If there are issues on which you and the other party agree, you can prepare and sign (both of you) and file Form 15C- Consent to Change.

If there are issues on which you do not agree, you will have to prepare Form 15 -Motion to Change. You will need to file it and serve the other party with it. Then you await your court date.

Hope this helps!
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Old 04-02-2010, 10:15 AM
Nadia Nadia is offline
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Thank you #1StepMom,

It will have to be Form 15-Motion to Change.
So, fill in form, submit to the clerks office and make arrangements for opposing party to be served.
Will the clerk give me a date when I file for the court appearance?

Thanks again
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