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  • Confused about Content of Form 25 Order (General).

    Can my ex's lawyer file (what is supposed to be a "Consent" Final Order without my knowledge/approval?

    I fear ex's lawyer will choose to ignore me and file the so-called consent order
    done on Form 25: Order (General) Final.

    (I say this b/c I find the first lines generally 'fishy' since it does not directly say that it is a 'consent oder').
    I maybe misinformed. At the same time, I have learned to be very cynical.

    -Ex's lawyer has put a line on pg1 that reads:

    "Pursuant to the Consent filed, The Court Orders that:......
    (1) The Applicant will have sole....of ABC born....and XYZ born..."

    Is the line "Pursuant to...." meant to indirectly say the "CONSENT ORDER"?

    I am terrified of loop-holes especially since me ex's laywer is so vindictive.
    Is an order that says "Consent Order" on Frm 25 any better (or worse) than an order that simply says "The Court orders that:"

    The only issue debated is:
    (#1) ex's lawyer refusing to put my legal name [/B]
    (she says "...Ridiculous. On the top line it already says "The court received evidence and heard submissions on behalf of The Applicant, EFG, and the Respondent, JKL'.."

    (#2) and the use of will/shall issue

    - I am still puzzled, if what we have is a consent order, why is no one talking about signing anything anywhere?


    Thank you so much for your help> This site is my rock!!!!! I wish I had instant knowledge to pay it forward....when things I better I promise I will!

    Inlimbo.

  • #2
    inlimbo,

    continue being suspicious and read everything more than once!

    Only a court can issue orders, but parties can consent to same!

    Whatever was submitted whether it was minutes of settlement or a draft agreement it should state specifically what it is and such document should be attached to the Draft order.

    The only issue debated is:
    (#1) ex's lawyer refusing to put my legal name [/b]
    (she says "...Ridiculous. On the top line it already says "The court received evidence and heard submissions on behalf of The Applicant, EFG, and the Respondent, JKL'.."
    It is not ridiculous. Fact is "Applicant" is not your legal name and any legal document including support orders have the appropriate legal name and date of birth in the case of child support.

    - I am still puzzled, if what we have is a consent order, why is no one talking about signing anything anywhere?
    Usually for consent orders, the parties enter into minutes of settlement and such is witnessed when the parties sign if in agreement. Before the orders are issued, they should be sending you a draft form 25 for approval. This is the court process.

    If you agree to the terms of the order, you do nothing. If you object, you have to serve and file form 25E Notice disputing approval of order within 10 days. However, If you feel they may do something behind you back send immediate correspondence to the lawyer notifying them of what you don't agree with and visit the court house to determine if anything was filed.

    lv

    Comment


    • #3
      Serving/filing form 25E...at which stage?

      Hi friends,

      This morning I sent a brief, firm letter to ex's lawyer, repeating that my concerns are not ridicolous and attached the order redrafted as proposed by me (I did not include Form 25E today nor Affidavit of service as said in 25(5).
      I believe the process is such after 10 days of receive their draft order, ex could file the order if I did not do Form 25E. Right?

      It was on Monday April 23, at 13:09p.m that I received email from ex's lawyer saying: "Attached please find a draft copy of the proposed final order for your review"

      I am the applicant but have no lawyer; and as I say the dispute is on putting my name as opposed to calling me applicant -and I added the word "Consent" behind term Order.

      I am assuming April 23 is considered when "I was served with the Draft Order"?

      (1) If so, then by which date could ex's lawyer go ahead and file?

      (2) The lawyer is quiet since Friday. Is this a tactic to let the 10 days pass since I have not given her Form 25E (we just debate via emails) ?

      (3) Is ex's lawyer obliged to inform me 'formally' that she definitely will not change the draft THEN at that point I give her Form 25E?

      (4) I sent my letter again this morning and asked for a reply by this Friday.
      If I don't hear from them...then what?

      Do I tell them late Friday that on Monday May 7 (since I have given them till Friday?), I will go to court and file affidavit of service, my proposed order and form 25(E)?
      OR
      Do I file form 25(E)and pre-arrange time/date with Registrar on Monday THEN notify ex's lawyer by email?

      (5) Equally, could I just go to court tomorrow and file the order as propose and wait for them to dispute?

      How does it work? I am really so confused and will be glad to be informed.

      I am Inlimbo.

      Comment


      • #4
        inlimbo,

        Technically speaking the Family Law Rules have no provision for service of court documents by email. It could be considered voided service if you wanted to push it. However, since you admit to service it would be considered served.

        When counting days since its over 7 days - you count every day. Since you received the email at 13:09 p.m. (before 14:00 p.m.) service is effective on the 23 April 2007. Your 10 days will elapse on May 3, 2007 at 14:00 p.m.

        If your disputing the order, the proper method is to serve and file form 25E before the 10 days. Go ahead and complete this step. If you wait till friday, their drafted order could prevail.

        I am assuming April 23 is considered when "I was served with the Draft Order"?
        That is correct as it was served before 14:00 p.m.

        (1) If so, then by which date could ex's lawyer go ahead and file?
        Anytime after Thursday May 3, 14:00 p.m. If you don't serve and file form 25E, their draft order will prevail!

        (2) The lawyer is quiet since Friday. Is this a tactic to let the 10 days pass since I have not given her Form 25E (we just debate via emails) ?
        Most likely. Its not the other parties lawyer responsibility to inform you of your rights and obligations in procedural matters.

        (3) Is ex's lawyer obliged to inform me 'formally' that she definitely will not change the draft THEN at that point I give her Form 25E?
        No. What you received by way of draft will be filed if you don't serve and file your form 25E dispute.

        (4) I sent my letter again this morning and asked for a reply by this Friday.
        If I don't hear from them...then what?
        Friday will be too late. You have to serve and file form 25E notice of dispute and complete and file an additional affidavit of service for such before May 3, 2007 at 14:00 p.m.

        Do I tell them late Friday that on Monday May 7 (since I have given them till Friday?), I will go to court and file affidavit of service, my proposed order and form 25(E)?
        OR
        Do I file form 25(E)and pre-arrange time/date with Registrar on Monday THEN notify ex's lawyer by email?
        Ignore your earlier letter. Go ahead complete form 25E, attach the minutes of settlement and theri draft order. On your 25E rewrite the wording change that you desire. [b] File originals into the record [b/]and serve a copy onto the other party before May 3, 2007 at 14:00 p.m.

        Once you file the dispute, the Registrar may book another appointment where both parties will attend or may schedule something before the Judge. Since it appears it mostly wording changes, the matter will most likely be dealt with by way of the Court Registar. Who knows, the other party may not even attend such.

        Act fast to meet your deadline of May 3, 2007 at 14:00 p.m.

        lv

        Comment


        • #5
          Thank you again!

          Thank you ever so much, Lv. I am working on it tonight! Thanks a million !

          Inlimbo.

          Comment

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