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Endorsement vs Court Order

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  • Endorsement vs Court Order

    Hello,

    I'm a little confused with the process after receiving an endorsement for child support so I was hoping I could get some clarification from this forum...

    I have a signed Memorandum of Understanding with the ex-spouse through a mediator. He was paying child support every month and then in March 2020, he stopped all contact and all support payments. I filed an application to get a court order for child support as an applicant but the courthouse told me that there was an open file number already because the ex had filed for separation 2 years prior but had not served me with any paperwork or anything. So I revised my application to be a response to the original application and asked for the court to order child support and custody/visitation arrangements per the memorandum of understanding.

    I served ex with all paperwork but he ignored everything. We had a case conference scheduled through zoom and he did not show up. The judge gave him two weeks to respond and submit all his financial information, etc. There was no response or anything at all from him so the judge said that I could proceed with an uncontested trial request.

    I submitted forms 25D, 14B, 23C and updated forms 13, 13A and 35.1. In Feb 2021, I received an email from the court with an attachment that says Endorsement and it listed the details of the case and what I was asking for and at the end there is a section that says Final Order and it states how much the ex is to pay and this is signed by the judge.

    I called FRO today to see what the status was on my registration and they said that if I received an endorsement, then they would not be able to enforce it and that they could only enforce court orders. They said I should've received a document that has an official seal of the court and would specifically say that it's a court order and not endorsement.

    So will the court automatically issue a court order based on the endorsement? Or is there something else I was supposed to do to trigger the issuing of a court order? Or is everything maybe just delayed due to the situation with covid-19 and that's why I haven't received the court order?

    Sorry for the long post but wanted to be sure that I gave the full story. Thanks in advance for any advice/information!

  • #2
    I think you can still file that with the court as an order. There are forms to make an agreement an order. I think its 26B you have to fill out and file.


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    • #3
      A memorandum of understanding is not necessarily a domestic contract. Usually mediators don't draft domestic contracts.

      Did it comply with the formal requirements of the Family Law Act? Signed and witnessed?

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      • #4
        Before I proceeded with a court application, I had asked a lawyer to review the memorandum of understanding and she said that since it was done through a mediator, it wouldn't be recognized by FRO. That's why I went through the steps of getting the court to issue an order. Basically in my application, I just asked for everything that was in the memorandum of understanding anyway and the judge's final order in the endorsement gave me everything that I had requested. I'm just confused now because from talking to FRO, it seems like there is one last step to making that endorsement an official court order so they can enforce it but I'm not sure what that last step is.

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        • #5
          Filing the 26b


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