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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 06-06-2011, 03:47 PM
Looking4Answers Looking4Answers is offline
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Default Giving up your rights... for all the wrong reasons!!!

I went to Motions Court asking for a variation in child and spousal support, and arrears which apparently are retroactive for 3 years - with the Applicant of the proceedings owing more than I do in the support and proportionately more in arrears.

The Applicant also happens to work in the same Court office in which the proceedings are being heard!

The Endorsement read:

"Order to go in accordance with minutes of settlement or consent filed

he stroked out the word consent and also wrote:

and dispensing with the requirement for approval of the draft order".

Furthermore, opposing counsel declared in the Minutes of Settlement that:

"all other issues are adjourned to trial on..."

By striking out word consent, is the Judge's Endorsement thereby allowing opposing counsel to send the Temporary Order to FRO without my consent, and is the Order supposed to only follow the Minutes of Settlement?

Wow, talk about obstructing a persons ability to protect their rights...

Has anyone had anything remotely similar happen to them, and what is a person's right of appeal, including filling out a Refraining Order with FRO, and/or in this the year of a provincial election,should I be contacting L.S.U.C., the Regional Director of Court Services and the Ontario Judicial Council?
  #2  
Old 06-06-2011, 05:00 PM
OneLovingDad OneLovingDad is offline
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Isn't this fraud? Are you saying he made a unlawful change of the order? or are you stating that he change the order and everyone signed on without seeing the change?
  #3  
Old 06-06-2011, 05:03 PM
fieldgrey fieldgrey is offline
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Quote:
Originally Posted by Looking4Answers View Post
I went to Motions Court asking for a variation in child and spousal support, and arrears which apparently are retroactive for 3 years - with the Applicant of the proceedings owing more than I do in the support and proportionately more in arrears.

The Applicant also happens to work in the same Court office in which the proceedings are being heard!

The Endorsement read:

"Order to go in accordance with minutes of settlement or consent filed

he stroked out the word consent and also wrote:

and dispensing with the requirement for approval of the draft order".

Furthermore, opposing counsel declared in the Minutes of Settlement that:

"all other issues are adjourned to trial on..."

By striking out word consent, is the Judge's Endorsement thereby allowing opposing counsel to send the Temporary Order to FRO without my consent, and is the Order supposed to only follow the Minutes of Settlement?

Wow, talk about obstructing a persons ability to protect their rights...

Has anyone had anything remotely similar happen to them, and what is a person's right of appeal, including filling out a Refraining Order with FRO, and/or in this the year of a provincial election,should I be contacting L.S.U.C., the Regional Director of Court Services and the Ontario Judicial Council?
Your post is a unclear to me, so I'm taking some guesses.

When you say 'he' you mean your ex changed the endorsement? Or 'he' means the justice changed the endorsement? It reads to me that your ex has changed an endorsement to their advantage including side stepping approval of draft orders. This draft order should be caught by the signing court clerk as non compliant to endorsement and original motions. Take the matter to the court clerk group leader for review and advice, or FLIC if the office won't help.

Minutes of settlement should be signed by both parties and witnessed independently in order to be endorsed.

Unless there is a specific order against referring enforcement to the FRO (unlikely), any support collections can be referred to the FRO. The matter of approving a 'draft order' has nothing to do with the the enforcement.

FG
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Old 06-06-2011, 06:00 PM
TLCRN TLCRN is offline
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FRO do not reinforce without the Sealed Court Order, will not reinforce with copies of an endorsement.
If one party changes the endorsement, it has to be approved by the other party. If parties cannot agree, either party can contact the court clerk and have them type the order and sealed without the approval of either parties. The Order is written "exactly" as written on an endorsement.
One cannot change an order once sealed by the court, copies are kept with the court.
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Old 06-06-2011, 09:36 PM
Looking4Answers Looking4Answers is offline
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I went to Motions Court, signed Minutes of Settlement, however the Judge, added to those Minutes of Settlement in his endorsement that "he was dispensing with the requirement for approval of the draft order".

Which means I am not allowed to view the Order before the Opposing counsel sends it to FRO.

I realize its not suppose to differ from the Minutes of Settlement, however this lawyer hardly has scruples, he is very calculating with words, and the last Order he completed had words omitted and it tooks months to have it corrected.



These Minutes of Settlement were in my favour because of the number of my issues stated in comparison to the opposing counsel.

I just want to know whether or not an unrepresented person is suppose to protect their rights especially when a court document is about to be issued and you cant even see it before it is completed and sent to FRO.

I feel this ruling is unfair and unjustified.
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Old 06-07-2011, 03:03 AM
TLCRN TLCRN is offline
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[quote=Looking4Answers;68553]I went to Motions Court, signed Minutes of Settlement, however the Judge, added to those Minutes of Settlement in his endorsement that "he was dispensing with the requirement for approval of the draft order".

Which means I am not allowed to view the Order before the Opposing counsel sends it to FRO.

- is this what the Judge explained? I would ask the court clerk. we had one Judge over the years adding to the minute of settlement writing the same. I was explained by my former lawyer it meant the Judge wanted to go over the draft order for him to approve it prior to being sealed and sent out to both parties and FRO preventing the other party who was self rep. from delaying the process as the minute of settlement did not rule in his favor. She explained some parties will change the wording purposely to delay the process. FRO will eventually adjust calculation accordinly to date listed in settlement unless a specific date written.
You can also ask a FLIC lawyer at the court house.
.
  #7  
Old 06-07-2011, 06:41 PM
Looking4Answers Looking4Answers is offline
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There are four issues on the Minutes of Settlement. Three of them are my orders and the Judge gave one to the opposing counsel.

But the only exception to where approval is not required by me is when the Judge dismisses the Motions.
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