Temporary consent order at case conference

[kevindell]

We agreed to a temporary consent order 9 months ago. It should have lasted only 6 months but the judge was away on our return.

The temporary consent was signed with our case conference judge at our original case conference. Things have changed and my ex has gotten really erractic since then, there has been emotional harm to my child. I want no part of this order. I want most of it changed to protect my child.

What do I do? Tell the judge via a case conference brief or file a motion? I cannot figure out from the family law rules.
We are in provincial court, not federal.

[staysingle]

Now that your case conference is over, your only remedy is to file a motion.

[stevepiper]

I agree with staysingle I think you have to file a motion... remember what you think is not ideal for the child may not cause the judge any concern. It takes a lot to get them to make any drastic changes.
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[Tayken]

Now that your case conference is over, your only remedy is to file a motion.

100% correct. Your only relief in the matter is to go to CAS or go on motion. Either way you have an uphill battle.

I highly recommend you read Tug Of War by Justice Brownstone prior to doing anything and really determine if there is "emotional harm" happening. If there is then CAS is the best resource to you.

Good Luck!
Tayken

[Tayken]

I agree with staysingle I think you have to file a motion... remember what you think is not ideal for the child may not cause the judge any concern. It takes a lot to get them to make any drastic changes.
Burnaby Lawyer | Your source for legal advice.Lawyers Burnaby Lawyers Law Legal Firms Burnaby, BC : | Burnaby Lawyer

Further to this point...

Judges do not want to hear about what you anticipate might happen, what could happen or what you "fear" may happen. They want cogent and relevant evidence to what has occurred. Be very careful with your opinions (emotional facts / emotional reasons) versus what a judge may interpret.

[beebie]

Presumably there was a new "return" or "review" or "adjourned to "date on the Consent Order.

Learn to get along.

[kevindell]

CAS investigated months ago but for a complaint she made about another parent. They investigated the other parent and found no cause for concern. They described my ex's behaviour as bizarre. Now my child's school is expressing some concerns about how the fallout between my ex(she continues to make bizarre complaints about the other parent) and the other parent is affecting my child. This other parent and my child "were" friends for almost 40 years.

[kevindell]

Presumably there was a new "return" or "review" or "adjourned to "date on the Consent Order.

Learn to get along.

Yes a return date. Will judge want updates or just want to make the order permanent.

[Tayken]

Yes a return date. Will judge want updates or just want to make the order permanent.

What are you returning to? A motion? A trial? Another conference?

[kevindell]

What are you returning to? A motion? A trial? Another conference?

The temp consent order was created in the case conference. We go back to the case conference judge. I am guessing the view is to make it final.

[Tayken]

The temp consent order was created in the case conference. We go back to the case conference judge. I am guessing the view is to make it final.

So it would be another conference (case) probably.

The judge will try to arm bar both parties to settle but, don't go in assuming it will settle. It takes two to settle a matter at a conference. (It is mediation).

[Tayken]

The temp consent order was created in the case conference. We go back to the case conference judge. I am guessing the view is to make it final.

So basically, based on what you have suggested about "emotional harm" this is a substantive issue that cannot be ordered unless consented to by both parties at a case conference. If you raise the concerns you mentioned at a case conference you will find yourself with a technical order for the matter to be taken on motion possibly "preemptive" on both parties with a rather quick motion date. (Generally this is 1-2 weeks after the case conference if you raise any child abuse issues.)

Furthermore, anything you raise at a case conference as materials and evidence CANNOT be used on a motion or at trial. So choose your words and evidence wisely.

You can't shotgun a case conference (or a motion) with allegations. Allegations of "emotional harm" to a child go to motion, get a temporary order based on affidavit evidence, then eventually will make it to trial if the other party resists and puts up a good defence to the allegations.

Be very careful how you present the other parent to the court. Unless you have cogent evidence (not your word or someone else's word - double hearsay) you could find yourself in a big mess.

Good Luck!
Tayken

[Tayken]

The temp consent order was created in the case conference. We go back to the case conference judge. I am guessing the view is to make it final.

Also, be VERY careful about hearsay. You need affidavits not letters from witnesses to what you are describing. Also, ANYONE who provides an affidavit in your favour is swearing it to the truth. They will be called for questioning on their affidavit evidence for discovery or eventually at trial. Make sure you explain this to your witnesses in DETAIL prior to collecting an affidavit from them.

Affidavits are sworn testimony to the truth. Perjury warnings are on them for a reason.

Good Luck!
Tayken

[kevindell]

...

Affidavits are sworn testimony to the truth. Perjury warnings are on them for a reason.

Good Luck!
Tayken

I have an admission from her that she lied on an affidavit.

[standing on the sidelines]

CAS investigated months ago but for a complaint she made about another parent. They investigated the other parent and found no cause for concern. They described my ex's behaviour as bizarre. Now my child's school is expressing some concerns about how the fallout between my ex(she continues to make bizarre complaints about the other parent) and the other parent is affecting my child. This other parent and my child "were" friends for almost 40 years.

exactly how old is your child?? I take it that was a mistake (the 40 years)