Announcement

Collapse
No announcement yet.

Minutes of Settlement - Finalized?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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.

  • #2
    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.

    Comment


    • #3
      I sincerely appreciate your time. Many thanks, tilt.

      Comment


      • #4
        No probs; gah, autocorrect changed “superceded” to “super ended”, which is an interesting portmanteau.

        Comment


        • #5
          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.

          Comment


          • #6
            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....

            Comment


            • #7
              Okay I sorted it out. The Minutes of Settlement were endorsed by Judges (there was also an addendum).

              On to the next step, which is very sadly, a contempt motion. I was trying desperately to avoid this because I'm so very tired of the conflict.

              Thanks for your input. Now using search function for contempt motions!

              Comment


              • #8
                My issue is that the Minutes of Settlement read like a separation agreement and when I put all terms into Form 25-Order, judge did not endorse it.

                Apparently there are things in the Minutes of Settlement that don’t belong in an “Order”, but my STBX states they are absolute musts to be included otherwise the deal is off. I can file the whole thing as a Domestic Contract, but that does not give me a Court Order for custody and access which I wish for.

                Comment


                • #9
                  Forum etiquette typically dictates that you start your own thread.

                  That said, I cant really offer you anything, because I'm stumbling through the process myself.

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X