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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 11-07-2019, 04:57 PM
LoveTheKids LoveTheKids is offline
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Default Minutes of Settlement - Finalized?

Hi everyone. Long time reader, first time poster.

Without going into too many details, I'm just seeking some experience.

Long litigation resulted in a minutes of settlement during a trial conference. The important part here for the minutes of settlement deals with co-parenting, access. The case proceeded to trial afterward on financial issues. Trial ended with a final judgement some time ago. In the judges reasons, it was stated that the minutes of settlement are reserved. Does that mean the minutes of settlement are adopted as part of the final order?

This are going really south, and I am researching options. Unfortunately, I have to be self represented. All my searches have yielded unclear results.

Any information you can point me to would be wonderful.

Edited for bad spelling.
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Old 11-08-2019, 09:02 AM
tilt tilt is offline
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That seems odd wording, “reserved” usually means a decision will be released later (rather than immediately). I wonder if it simply fell through the cracks somehow. You can contact the Justice’s clerk with a short, polite email requesting clarification from Their Honour. That is the first, cheapest thing to do. Include a copy of the Order and the date it was released in your email. Until super ended by anything else, the MOS should be what guides both parties’ actions, unless a new status quo has been established by consent.
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Old 11-08-2019, 09:07 AM
LoveTheKids LoveTheKids is offline
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I sincerely appreciate your time. Many thanks, tilt.
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Old 11-08-2019, 10:23 AM
tilt tilt is offline
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No probs; gah, autocorrect changed “superceded” to “super ended”, which is an interesting portmanteau.
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Old 11-08-2019, 03:40 PM
Kinso Kinso is offline
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Two possibilities come to mind.

1. 'Reserved' was supposed to be 'preserved', and the consented part of your agreement forms part of the final order. Judges are human and make mistakes.

2. The Judge is considering the consented part of the agreement and might vary it in some way. Judges do have a supervisory role with respect to custody/access orders and do not always rubber stamp them.

Either way I agree with tilt, contact the judicial secretary, cc the other side (if you can) and get clarification.
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Old 11-13-2019, 04:13 PM
LovingDad1234 LovingDad1234 is offline
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How can you tell what belongs in an Order vs Agreement? I am confused as I thought judge would endorse Minutes of Settlement but apparently lots of changes are needed....
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