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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 04-24-2007, 05:55 PM
inlimbo inlimbo is offline
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Default Clause on modifying Final Court Order...does this sound right ?

Dear friends,

I need your help.

"The parties recognize it may be appropriate to modify the access arrangements in the event of changes such as the children being older and able to travel independently, the parties living closer together, or one party having a vehicle. In the event of a change that makes mid-week accessor a change to the pick up and drop-off arrangements possible, the parties will review the access personally, through their representatives or with the assistance of a mediator."

This is the last clause in our draft Final Order. We have a high-conflict case and do not communicate with each other .
The order drafted is very, very specific in access details....who does what/where/when/how.

I find this very last clause confusing and a possible source of future endless conflicts. At the same time, I understand that change is inevitable.
MY situation as of today:
- I am the CP. I have a car. I drop the kids at an agreed upon location.
- The kids are 6 and 8.
- Mid-week access has never been discussed or requested.
Midweek access is not even stipulated in this Draft final order enclosing the above as very last clause.

How would you re-write this to minimize future conflicts?

Many thanks,
Inlimbo.
  #2  
Old 04-24-2007, 06:56 PM
logicalvelocity logicalvelocity is offline
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Default

inlimbo,

it basically facilitates if a material change of the children occurs, theri access could be changed between the parties. However if the parties cannot come to terms the matter could be brought before the court.

In essence the default of the law, allows either parent to vary a final order as long as a material change of circumstance is present.

see section 29 of the Childrens Law Reform Act

http://www.e-laws.gov.on.ca/DBLaws/S...c12_e.htm#BK34


Order varying an order

29. (1) A court shall not make an order under this Part that varies an order in respect of custody or access made by a court in Ontario unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child. R.S.O. 1990, c. C.12, s. 29.
lv
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Old 04-25-2007, 12:32 PM
inlimbo inlimbo is offline
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Default Lv, thanks....one more question

Lv,

I so much appreciate your response.

With regards to CONSENT ORDERS, how does it work?

The form used is Form 25 Order (general) only? This form provides for judges signature only, so where do I and ex sign?

How do we prove that we signed an agreement?
I am now self-represented and am unclear why form 25 says,

"Pursuant to the Consent filed, THE COURT ORDERS THAT:"

I have not signed or filed anything!

Thanks again,

Inlimbo
  #4  
Old 04-25-2007, 06:37 PM
logicalvelocity logicalvelocity is offline
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inlimbo,

take your draft order and have both parties sign, witness and dated. Attach same to a typed form 25 and bring to the court house. The Registrar will forward it to a Judge or they may sign same themselves.

lv
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Old 04-26-2007, 03:49 PM
inlimbo inlimbo is offline
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Default

Again, LV, thanks a million!
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