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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 03-01-2019, 12:09 AM
DiancePrinceWW DiancePrinceWW is offline
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Default Arbitration on existing order

My ex and I will likely be going to Arbitration over the interpretation of an item in an existing order. I understand that's potentially a good use for arbitrators.

My ex is also going to challenge the core portions of the order - custody and access - as I currently have sole. Obviously I am content with that part of the order as it stands.

Am I correct in understanding that an order is deemed correct, and if I don't want it brought up in arbitration, I don't have to? I suspect the arbitrator is being used as a tool for "I don't agree with the order so I'm going to fight it".

Are there guidelines on what an arbitrator can weigh in on?

Thanks in advance.
WW


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Old 03-02-2019, 11:55 AM
DiancePrinceWW DiancePrinceWW is offline
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Adding to this, I received an email from ex stating: "Just give me sole custody/access and all of this will go away"

"All of this" is the endless legal battles despite having a clear order, me being dragged into bankruptcy, etc.

Isn't this outright blackmail??

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Old 03-02-2019, 05:29 PM
standing on the sidelines standing on the sidelines is offline
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Default

Quote:
Originally Posted by DiancePrinceWW View Post
Adding to this, I received an email from ex stating: "Just give me sole custody/access and all of this will go away"

"All of this" is the endless legal battles despite having a clear order, me being dragged into bankruptcy, etc.

Isn't this outright blackmail??

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well it would be frowned upon by a judge. At least with this email it shows how he wants to keep a battle going and maybe a judge could put some sort of restrictions on him to stop it.
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Old 03-03-2019, 10:27 AM
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Tayken Tayken is offline
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Default

Quote:
Originally Posted by DiancePrinceWW View Post
My ex and I will likely be going to Arbitration over the interpretation of an item in an existing order. I understand that's potentially a good use for arbitrators.

My ex is also going to challenge the core portions of the order - custody and access - as I currently have sole. Obviously I am content with that part of the order as it stands.

Am I correct in understanding that an order is deemed correct, and if I don't want it brought up in arbitration, I don't have to? I suspect the arbitrator is being used as a tool for "I don't agree with the order so I'm going to fight it".

Are there guidelines on what an arbitrator can weigh in on?

Thanks in advance.
WW


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The great thing about arbitration is they have contracts binding what is being arbitrated. If you make sure the agreement for arbitration focuses on the key issue then, the other party will not be able to do this.

As well, all the Rules such as a material change in circumstance are applied in arbitration. They are "private judges" and operate under the rules. They do this because by law their orders just like the ones in the public court can be appealed. You want to end your career as an arbitrator. Get a CanLII posting for an appeal on one of your orders.

You are going down the right path to contain the noise. As well, arbitrators generally (in Ontario) order must stronger costs orders... Often including their fees in the order too!
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