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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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  #1  
Old 02-08-2010, 09:33 PM
nick2009 nick2009 is offline
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Default a temporary court order + Form 25

Hi, guys,

do not know how to handle a draft FORM 25 (order(general)) from Ex's lawyer.

Situation:
In the first case conference at the Superior Court of Justice, 393 University Ave. Toronto, we reached a temporary order about child support and child access under the Judge's supervision.

Last week, ex's lawyer told me that they tried to introduce a LAO mediator into this case but failed because no lawyer represents me, so LAO refused to handle it. Then today ex's lawyer mailed me a letter including a draft FORM 25. The content of the Form 25 is the same as the temporary order. Ex's lawyer asks me to review and approve the content and reply within 7 days.

My Questions:
1. Why is the Form 25 needed, any traps?
2. can i refuse to response to it.
3. the date of the letter is FEB 4, 2010, the lawyer asks me to reply within 7 days from the date of the letter, I got this letter this afternoon 5:00 pm, so I have only 3 days to response. I feel ex's lawyer try to give me hard time because i am not a lawyer. what is the proper way to deal with it.

thank you
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Old 02-08-2010, 09:44 PM
Gary_P Gary_P is offline
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I am not a lawyer and this is only my opinion.

You went to court and reached an agreement? The Form 25 is simply the Order which your ex's lawyer is suggesting that be presented to the Justice for signature. It should be a summery of your agreement Once signed by the Justice, it become either a Temporary or Final Order.

In other words, if it is signed "them there is the rules". You go away and that is the agreement between the two of you and the court recognises it.

If you are planning to go back and do not consider this over then it should be a "Temporary Order" and not a "Final Order". I had 3 Temporaries before the Final

Be very very careful. Check every word, date, amount and clause. You are one signature away from the results. If you are unrepresented have family, friends read it as well.
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Old 02-08-2010, 11:00 PM
dinkyface dinkyface is offline
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This might help: http://www.attorneygeneral.jus.gov.o..._change_EN.pdf

It talks about all the different forms required in various cases, including where consent/agreement is obtained vs not obtained.

From experience - ask others to look for different ways each of the clauses could be interpreted [for example...is that clause relating to travel consent just indicating that your ex must provide travel consent forms? Or is it stating that your ex's consent is required? For ANY travel? for out of province travel? Only for travel where authorities will ask for consent docs? Only for international travel?] Both parties will have a certain 'intent' in mind for a certain clause, and that can make you a bit blind. You might not realise until later that your intents were different.

Looking at the form, there is no place for you to sign it. So I'd guess the lawyer is attempting to gain your consent. DO you consent? Do you want to make any changes, clarifications before sending it back? Your reference to a mediator makes it sound like there is not agreement yet.

Last edited by dinkyface; 02-08-2010 at 11:09 PM.
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Old 02-09-2010, 07:20 AM
independentgal independentgal is offline
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If you do nothing, it will get issued and entered exactly as the other lawyer has prepared it.
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Old 02-09-2010, 08:00 PM
nick2009 nick2009 is offline
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Hi guys,

thank you all for giving me so much supports.
today, i went to FLIC and asked a few questions about the Form 25.

so, what i have learned today is following.

After reaching a temporary court order at the first case conference under the judge's supervision, either party should bring a form 25 to the court for an official "temporary court order" which will be signed by the judge.

one party initiate the draft of the form 25, then send to the other party to review and approve. Because all parties have already signed the temporary court order, which is part of the court endorsement, so the purpose of the reviewing and approving is for making sure that the information and the content are the exact same as the the temporary court order.

because what we reached is a temporary order, so the form 25 should be temporary one too. No one should change it at this point. I was told today that if i think the draft of the form 25 is good, then i can simply sign my approval on the draft so the other party had no chance to change it without noticing me.

by the way, because it is a temporary one, it is not final, not permanent, so we can change it easily at the next conference meeting which for me is the settlement conference.

thank you all again for helping me.
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