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What order is valid?

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  • What order is valid?

    So I am a little confused about what the order is telling us.

    So we have a consent order from Sept 22nd. This is the order mom was found in contempt of.

    Judge made a temporary order about access but told me verbally I was to follow the other terms

    Went back to court, Judge made a few adjustments to the order. Told us we need to come back to work out holiday schedule, she wouldn't change the custody or other terms.

    SO does that mean other then the regular ongoing schedule all other terms of the order are to be in place....transportation, aboriginal rights, dance rights, make up access ect Or does that mean just the custody from the order are in place and everything else is no longer valid?

    I am so confused and judge didn't really clarify. Me and mom are already having different opinions on what is happening?

  • #2
    Do you have the new order? My judge basically wrote, the previous order is in full effect minus the new schedule he is giving us.

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    • #3
      yes we have the old order. The judge discussed it verbally but didn't write anything regarding the old order. Made some changes to schedule and other areas but some things were not addressed at all.

      Example, the clause about being able to leave ontario overnight, make up access for missed time, mothers day/fathers day (although specified child's birthday and that we needed to come back for a summer schedule), mom's birthday, my kids birthday. All of these issues are addressed in the previous order but not discussed in current order as it was a limited order.

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      • #4
        Don't quote me, however I believe unless the new order states all previous orders are null and void, the new order only replaces the parts of the old order it deals with. If your old order stated Mom gets Tuesday & Thursday and the new order says she gets Monday & Wednesdays, she only gets Monday and Wednesday, not Monday-Thursday.

        If the new order doesn not discuss make up time, exchanges, ect, the old order in this instance still stands. Your new order is basically an amendment to your first order.

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        • #5
          The new order amends certain clauses of the old order, nothing more.

          If the new order does not specifically state that a change has been made to the old order or otherwise provide that it replaces it in its entirety, than the terms that weren't amended continue on in full force and affect.

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