Procedurial Questions

[MS Mom]

Hi all....

I'm hoping that someone can either point me to, or give me information regarding procedures after the reasons for judgment is issued by the judge.

This document needs to be turned into an order. How long will the court give the parties to get the Order drafted and issued formally?

Is the Reasons for Judgment enforceable without the Order being taken out? I know through experience that FRO won't enforce it, but what about an order that is not enforceable through FRO, ie. a costs award?

Does the order need to be issued in order to appeal those decisions, or can an appeal be filed without the Order being issued?

Is there any consequence to the lawyer that was to have the order issued?

I appreciate the guidance. I feel like the research is taking me in circles, and these, I think, are pretty simple, straight forward questions that I can't find answers to.

Thanks.

[arabian]

If you were the successful party in the matter in court then you prepare the Order (at least that's the way it works in Alberta). Check your Provincial rules of court (and practice notes) on this.

I believe the proper process is to send the Order to the OC for his/her signature consenting to the Order with a specified date they have to return it to you so you can file it in court. When my lawyer did this and didn't receive anything back from the OC then he simply sent it, with a covering letter to the judge, for judge's signature. If the judge has a question then he would ask to see both lawyers.

This happened each and every time we went to court. On some occasions when OC did not sign the Order the judge simply signed it and had it entered.

[MS Mom]

I have twice approved the drafting of the order, but his lawyer has failed to have it issued. It's a costs award, nothing major really.

His lawyer has twice threatened small claims court and his most recent letter states that the reasons are fully enforceable without the drafting of the order. I disagree. FRO wouldn't enforce until the order was issued.

So, this is all a matter of procedure really. Personally, I don't care if it ever gets issued. Everything I read says that the order isn't enforceable until it is issued. And, you can't appeal the decision until the order is issued.

[arabian]

Perhaps simply take the order that the lawyer drafted to the courthouse and process it there? Clerks are commissioner of oaths at courthouse (usually).

Maybe I'm missing something here?

[MS Mom]

Perhaps simply take the order that the lawyer drafted to the courthouse and process it there? Clerks are commissioner of oaths at courthouse (usually).

Maybe I'm missing something here?

There's a lot missing. I received judgment in my favour - custody, cs and S7. It took 7 months to get that order issued due to lack of cooperation from his lawyer and the clerks. I finally got it done.

For some reasons beyond me, I received a costs award against me despite being overall successful in the motion. I received everything I asked for essentially. Anyway, judge issued reasons for judgment awarding other party costs.

The lawyer then sent me a draft of the order (that had just been issued) and the draft of the costs order. Mentioned in the correspondence that he would pursue payment of costs order via small claims court. I approved the draft order. The lawyer never issued it.

I attempted to negotiate the annual cs increase. Ex reminded me about the costs order. I told him what happened with the orders.

Next thing I receive another letter from his lawyer with a draft of the same costs order attached. This time it's unnecessarily nasty. I haven't responded, but I also didn't object to the order. The order still hasn't been issued.

At this point I'm considering appealing the costs order against me, when the order actually gets issued. The ex is also not following the cs order and is in arrears.

So, I'm wondering if the judge would even approve the draft at this point - or maybe that's why it hasn't been issued. I'm also wondering if it is enforceable without the formal order being issued.

It's all games at this point from the ex. The lawyer's letter also threatens that he'll sue me for libel based on the email I wrote to the ex, explaining what happened with the order. Crazy ass lawyer.

[arabian]

Interesting. I do recall that on one occasion when, even after the judge finally approved an order (which did indeed include costs) my lawyer had to go to court as a formality because the original order was made 10 months previously (stalling on behalf of OC) and judge didn't sign it for many months. Order was considered "stale" and lawyer had to go to a different judge for approval. (I can't remember what that is called - there is a legal term for it I believe).

If you have signed off on order then this might explain the "smoke and awe" stunt from the OC. It's his problem I believe and I wouldn't get too excited about it. If they want their money then they will have to get the order entered into court. Idiots. I'd ignore everything. Let the OC take you to court, at his expense, to explain to the judge about his incompetence.

[MS Mom]

Interesting. I do recall that on one occasion when, even after the judge finally approved an order (which did indeed include costs) my lawyer had to go to court as a formality because the original order was made 10 months previously (stalling on behalf of OC) and judge didn't sign it for many months. Order was considered "stale" and lawyer had to go to a different judge for approval. (I can't remember what that is called - there is a legal term for it I believe).

If you have signed off on order then this might explain the "smoke and awe" stunt from the OC. It's his problem I believe and I wouldn't get too excited about it. If they want their money then they will have to get the order entered into court. Idiots. I'd ignore everything. Let the OC take you to court, at his expense, to explain to the judge about his incompetence.

Thanks. It's an odd situation, I know. it's been 12 months since the judge issued the costs order, 13 months since the cs/s7/custody order was issued.

My instinct is to ignore it all and proceed anyway. He's now made it impossible to negotiate with the ex at all. My last attempt resulted in all this bs from his lawyer.

There has been an income increase, and our existing order specifies July 1 as the date to adjust cs. But, he's not cooperating at all.