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  • Disputing a draft order

    My ex is disputing our draft order. He does not disagree with the wording of the order (he agrees it matches what the judge wrote), he is disagreeing with the content. In his words, "the judge didn't mean to write that". Right.

    He's filed a 25E which couldn't be resolved by the registrar because he's not disagreeing with the wording so we now have a meeting coming up in front of the judge.

    My question is - does anyone know what this meeting is? Can he request changes to the endorsement? Do I need to present evidence? They've booked an entire hour for the meeting and I want to be prepared.

    Thanks!

  • #2
    Judge can sign/approve the draft order without your ex's agreement.

    Are you self-represented or do you have a lawyer?

    Judge can order transcripts and adjourn matter. If that happens I'd encourage your lawyer to request costs.

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    • #3
      Originally posted by arabian View Post
      Judge can sign/approve the draft order without your ex's agreement.

      Are you self-represented or do you have a lawyer?

      Judge can order transcripts and adjourn matter. If that happens I'd encourage your lawyer to request costs.
      I'm self represented right now.

      Do you know if the the judge can make new orders at this meeting?

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      • #4
        Originally posted by HappyMomma View Post
        I'm self represented right now.

        Do you know if the the judge can make new orders at this meeting?
        The judge can only make new orders at the "to be spoken to" if both parties consent. The judge can finalize the order that they originally made though as mentioned by Arabian.

        I wish Judges would issue orders and not have parties write them up then submit them. There have been a load of questions coming in about this very topic lately.

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        • #5
          Yeah, I'm finding this the hard way when we have to submit them.

          Originally posted by Tayken View Post
          The judge can only make new orders at the "to be spoken to" if both parties consent. The judge can finalize the order that they originally made though as mentioned by Arabian.

          I wish Judges would issue orders and not have parties write them up then submit them. There have been a load of questions coming in about this very topic lately.

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          • #6
            Just had the same problem. Judge said CS arrears should be paid and the other party said yes they would but left the rest up to the lawyers to sort out. Now payor is saying he wants to pay over 5 years. Honestly, it's a joke.

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            • #7
              Yup my strife is we agreed on new schedule by the judge. Her lawyer is not responding to work out the draft order and so my ex now is not following the schedule agreed upon as there is no order to follow. Which I'm following to the t though losing time out with s5.


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              • #8
                WorkingDad told me the other day that Justice Pazaratz has a computer on his desk and now types out endorsements, prints them and signs them right there on the spot. More justices need to do this to avoid this nonsense.

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                • #9
                  That's nice. The last judge I had we were both self repped and that judge read it and had it drafted on the spot.

                  I guess the norm is if there are lawyers present then the judge puts the onus on them to draft it?


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                  • #10
                    Originally posted by FirstTimer View Post
                    I guess the norm is if there are lawyers present then the judge puts the onus on them to draft it?
                    The only reason to do this would be to let the lawyers make more money. Just print the damn thing and be done with it right there on the spot I say. Even if lawyers are involved.

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                    • #11
                      I had never heard of judges handwriting Orders or endorsements before I joined this forum. In Alberta judges often have the Order printed out before you leave the courtroom. In cases when this wasn't done my lawyer always had the draft order prepared and sent to opposing counsel (for approval on content) within a day or two. When opposing counsel didn't return promptly my lawyer would simply send the draft order directly to the judge.

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                      • #12
                        So it's been exactly 2 months since our court date and I've sent my lawyer about 8 emails over the past 2 months asking for the order. She had it drafted up over a month ago and now has stopped responding to me meanwhile my ex now thinks that there is no order and it is free for all till we go to case management.

                        Outside of looking like a psychopath showing up at lawyers office asking how come I'm not getting a response, is there anything I can do to get this order going as I have the copy of the draft. And is this normal for lawyers to drag their heels even though I've told her my ex is violating it as we speak so please we need the order


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                        • #13
                          No this is definitely not "normal." If you want to keep your lawyer I'd simply make an appointment to see her. Your Order should have left your lawyer's office within a few days after having being prepared and sent to opposing counsel. I'd be looking for an explanation.

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                          • #14
                            Yeah I'm thinking here that her lawyer is dragging his feet and they had received it and not complying to it. However I do not know as there is no communication between lawyer and me. If it is true that her lawyer is the bottleneck, would a charge care that 2 months went by without a drafted order


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