Amending A Final Order

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skins56

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Hello all,

Just wondering what steps I should take to get my final order amended in writing?

A run down of the situation:

Child born in 2007, now 5 years old.

In June 2009 a final order was written up.

In September 2011, additional time was being sought by me (documented all time spent above the final order). A 4 way meeting with myself, ex, and our lawyers about additional time be granted. Ex's lawyer flat out said "If you're seeking 60-40 split you can forget about it. After meeting and discussion with lawyer he said to accept the deal.

So October 2011 accept a deal for EOW Friday after daycare until Monday drop off at daycare, and every Wednesday overnight. So basically about 34% of the time, all overnight visits, no pickup or drop off at ex's house. In the deal it states, either party can put forward a review of the schedule in the New year, which a mediator was suggested.

Jan 2012, I contact my lawyer about the review of the schedule. As per our written letter and "revised" schedule, we retain a mediator. (Ex is pissy, hesitant and full of anger). Mediator agrees to 50/50 custody and says to ex I will win in court and to save money don't bother fighting me.

Long story short, the mediator came up with a verbal schedule. We were to maintain the Lawyers written schedule until June 2012 and at which point we would generate a 1/3/3 schedule of equal time.

June 2012 - present we have followed this "verbal" mediator approved schedule.

So I want to have my "Final Order" from June 2009 revised to what it currently is now. How would I go about doing this?

Thanks
 
OP...I have to ask, why did you ex's lawyer say that you can forget about 40-60, was your ex the primary caregiver or something or you weren't involved?

Just curious
 
oink said:
OP...I have to ask, why did you ex's lawyer say that you can forget about 40-60, was your ex the primary caregiver or something or you weren't involved?

Just curious
Click to expand...

No proof, but clearly it was because they wanted to take everything from me including as much money as possible. He was a **** of a lawyer. Didn't know me from Adam just wanted to make sure I knew I wasn't going to get 50/50.

On top of that when the mediator "awarded me" 50/50, my ex started crying and said "my lawyer said this would never happen". In turn at least the mediator, who was female, told my ex that he was "full of ****".

So needledd to say it was a power and money trip.
 
Congratulations, Is the other side in agreement with putting in witting. If so it would be a 14B motion to change on consent.

Write an agreement on consent and file it on a 14B no appearance to be made into a court order.

If not you will have to prove material change, in which case the documented access schedule should be enough.

Hopefully she will consent to the change.

With respect to custody how did that work out?
 
I don't think she would be in agreement. I might use it for leverage with CRA when it comes to taxes, I would like to claim my daughter every second year. I don't receive and tax benefits and get tax breaks at 50/50, and I dont think I could even try without it. She woill probably freak that I will try even though I should be entitled with tax law.

I don't think ti would be difficult to prove material change. I could ask the mediator for documented changes if need be i guess.

How did the custody work out? In what matter? I fought for it against her will, it was power over me and a pay day as well. She hated the fact but has learned (or grown) to accept it.
 
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