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Need help with new Divorce act rules for Judges ordering Arbitration

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  • Need help with new Divorce act rules for Judges ordering Arbitration

    Hi,

    I'm unrepresented and in heavy battle. I requested arbitration in my Proposed order that includes a parenting coordinator and arbitration for backup. The other side wants the final say. (i've been fighting for 2 years to get this changed as my ex is not reasonable)

    The Judge stated that he is not clear regarding ordering arbitration under the new Divorce act as of April 2020.

    He tasked me and the opposing counsel (who wants to keep my ex with the final say) and me to locate case law that shows this and to get back to opposing counsel asap as he is deliberating on a ruling.

    if anyone can help me, I'd greatly appreciate it.

  • #2
    Look up section 2(1) of the Divorce Act under

    1- Decision making responsibility
    2- Family dispute resolution process (and section 7.3)
    3- Family justice services

    https://www.justice.gc.ca/eng/fl-df/...lde/index.html
    Last edited by mafia007; 11-19-2021, 10:13 AM.

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    • #3
      Hi,
      Thank you for pointing me to the new rules and sections. Sorry that I was not as clear on the question.

      I'm looking for case law under the new changes that support a ruling for arbitration versus one person having the final say.

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      • #4
        The question I would ask is, without consent, whether or not a judge can order
        arbitration, a parental coodinator etc.

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