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How many times can we go to court?

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  • How many times can we go to court?

    My ex filed a motion to have our final court order changed. The order was a year old. His main concern was more access to our daughter. There were many other trivial things he wanted as well. To make a long story short, we went through a case management conference to settle some issues. We then went through a case settlement conference and all was agreed upon, signed, sealed and implemented in the final order. Now, just over six months since we agreed to everything, he says he is not happy with what he agreed to and wants to revisit the matter of access in court again. I am shocked that he can even consider this, let alone go back to court to re-visit the same issues we just settled. Can this happen? I am done with legal fees and feel he is abusing the court system. Nothing has changed since we agreed to the settlement. He is getting the access we agreed to and all other things in the order are being followed as written. I'm really tired of having to worry what he is up to next. Thanks for the opinions.

  • #2
    I believe your ex can file a Notice of Motion (take you to court) if 6 months have lapsed from the date of the last Order. He would have to prove a material change of circumstances unless you have a specific review date written into the Order.

    If there have been no substantive changes since the Order, have your lawyer consider requesting security for costs in your response. That might cool his heels a bit if he has to put money up every time he takes you to court. I have heard that some people have had success in curtailing vexatious litigation by requesting this.

    You can read up about Rule 2.1, Superior Court of Justice Rules of Civil Procedure.

    As you have negotiated your settlement without going through court (I presume) your ex has not literally "taken you to court" repeatedly. If this is the case then he would probably be allowed to file his motion. You could consider having lawyer request that a senior judge review all future motions submitted by your ex for approval before a court date is set.

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    • #3
      Not sure what you mean!

      When you say, "your ex has not really taken you to court". I thought when a motion is filed by someone, it becomes a court issue. Our settlement conference was presided over by a Superior Court Judge. When we reached an agreement, the settlement was read to the Judge and he endorsed it so it could be incorporated in our final order. Is this not court? Thank you!

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      • #4
        Originally posted by niagaramom View Post
        When you say, "your ex has not really taken you to court". I thought when a motion is filed by someone, it becomes a court issue. Our settlement conference was presided over by a Superior Court Judge. When we reached an agreement, the settlement was read to the Judge and he endorsed it so it could be incorporated in our final order. Is this not court? Thank you!
        I think Arabian meant that you haven't had a full blown trial.

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        • #5
          I've heard that magic "6 months" before, but actually nothing stops him or anybody to file a motion to change anytime.
          Other then "material change in the circumstances" the "best interest of the child" can be a reason to file a motion to change a previous order. (I dragged through my ex 4 times the court system without "material change", sometimes just 2 months after the previous court order.)
          What is the reason you think that limiting the child and the father's time together is better for the child?

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          • #6
            the willick is the standard test

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            • #7
              Originally posted by BitHunter View Post
              I've heard that magic "6 months" before, but actually nothing stops him or anybody to file a motion to change anytime.
              Other then "material change in the circumstances" the "best interest of the child" can be a reason to file a motion to change a previous order. (I dragged through my ex 4 times the court system without "material change", sometimes just 2 months after the previous court order.)
              What is the reason you think that limiting the child and the father's time together is better for the child?

              You likely had 4 different issues to seek changing?
              Did you succeed all of the 4 times?

              Different circumstances dictate different reaction from the bench and different outcome. You can't retry/re-argue issues which were previously ordered - at least not in Alberta.

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              • #8
                There were no trial, all motions ended up with an agreement, pretty much the same situation what OP described. All was basically for increasing access. My ex wanted to give us 4 hours once a month and have idiot limitations, like that we can't leave the GTA/Toronto.
                If the father is dangerous, he should have 0 access, otherwise hopefully OP's ex husband will be successful getting at least 39% access.

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                • #9
                  Setting the matter straight.

                  BitHunter: You ask why I am trying to limit access.I am NOT!! Every agreement we have reached has been what my ex asked for and agreed to as far as access. However, it seems after settling things, he goes off on a tangent that the settlement was unfair. It's very difficult to rationalize with him. He has already been through 4 lawyers and I'm anticipating #5 is due shortly. It is just frustrating as I never know what to expect. Thank you!

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                  • #10
                    Originally posted by Links17 View Post
                    the willick is the standard test
                    can you elaborate on this?

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                    • #11
                      Bad link sorry
                      Last edited by Links17; 04-09-2015, 05:37 PM.

                      Comment


                      • #12
                        https://www.google.ca/url?sa=t&sourc...vtBHZTJVesLIWA

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