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Changing a final order - procedures

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  • Changing a final order - procedures

    Hello again...

    I've got a question about changing a final order which has been implace for 2 years now.

    First the issue:

    In April 2008 I discussed with my X about introducing Thursday overnights into our agreement of time-sharing. This has been in effect now ever since.

    I also have the following email from her "So just so we’re clear on our agreement, starting next week we will be doing Tuesday visits and Thursday overnights, so you would have her every Tues from after work until about 6 or 7 or whatever, then every Thursday overnight & every other weekend overnight bringing her home on the Sunday by 7. Agreed?"

    Now this week we had an arguement and in general there's been some issues because I have another daughter on the way with my parnter. She has threatened to go back to the 'court ordered' agreement and take away the thursday overnights.

    She's threatening to call the cops if I dont' return her thursdays now ... so what can I do?

    Also is there a 'cheap' way to have the final order ammended to reflect whats been in place for a year now?

  • #2
    They only cheap way is to go self represented, the pitfalls to that are that you have to know what you are doing ei what papers etc. But it can be done ask alot of questions here and at FLIC and of duty counsel. both of those can be found at your court house. Another problem is depending on the issues at hand self reps done get the same respect as a lawyer. sad but so often true. I bring this up as it can make things frustrating and slower. But if you are lucky to get a fair Justice not an issue. I dont really mean to be discouraging just letting you know some of what to expect if you choose that route. Many have done so and suceeded quite well.

    You would have to file a Motion to Vary. This is only if you want changes in any form. This allows any order to be brought up discussed and changed if needed. Includes support access and custody most commonly but you can address any matter that is covered in the order.

    Another tip that will be helpful is to have any documentation that you have to support your arguements. So you would complete the M to V, have all your documents sworn as evidence via an affidavit and then you need to complete an affidavit of service. (that is proof you have served it to all parties Court, Ex/Lawyer.) At which time you have just filed your motion and the court clerks will give you a court date and away you go you are done. Good to go.

    Hope that helps and if you have any more questions just ask ok. 7 yrs worth of self rep and have just won. so It can be done.

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    • #3
      Thanks... I have a lawyer but just dreading the thought of a simple change of access being dragged out and costing another fortune.

      The only other question I would have is what can I do in the meantime if she's asking for me to now return our daughter on thursdays? (Do I have any rights before it goes through courts - which can take forever! and by that time the status quo would be back to no thursday overnights.)

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      • #4
        If she has established a "status quo" and you can demonstrate it to the courts you may be successful in having the actual order amended to include the new status quo access arrangement. Courts do not like to change the status quo when dealing with the children unless it is detrimental to them.

        Comment

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