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temporary orders - expiry?

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  • temporary orders - expiry?

    What is the opinion and experience on this board:

    One goes to a case conference and a settlement conference and the Temporary Court Orders are made. Some of those are orders for disclosure or parental conduct etc. A Final Court Order is then issued that does not state it over rides the Temporary Order for disclosure or parental conduct.

    If one party does not disclose and there is still a need for that disclosure is the Temporary Order still valid or does one start the discovery from scratch again. Does the other party get away with violating that Temporary Court Order?

  • #2
    If you received a final order then it should have had an item about ongoing disclosure. If it didn’t then disclosure falls under the FCSG for disclosure of income and full details on section 7 expenses.

    If you are not getting your ongoing annual disclosure then you would need to file a new motion for disclosure as a final order sets aside any temporary orders in the matter.

    Comment


    • #3
      Originally posted by rockscan View Post
      If you received a final order then it should have had an item about ongoing disclosure. If it didn�t then disclosure falls under the FCSG for disclosure of income and full details on section 7 expenses.

      If you are not getting your ongoing annual disclosure then you would need to file a new motion for disclosure as a final order sets aside any temporary orders in the matter.
      It has nothing to do with annual disclosure.

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      • #4
        The final order should have addressed it especially if it was in a temporary order.

        You may need to go back to the judge for clarification.


        Sent from my iPhone using Tapatalk

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        • #5
          Originally posted by rockscan View Post
          The final order should have addressed it especially if it was in a temporary order.
          You may need to go back to the judge for clarification.
          Should have, could have, didn't. There were bigger fish to fry and adding in that type of minutia was not needed.

          Just want to know about the the validity of the Temporary Order after a Final Order. Are they automatically invalid etc.

          Comment

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