motion to change a final order

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FormFiller

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In 2013, my fiancee was granted sole custody of his children (he was self represented). In the final order, there is a clause that both parties will sign consent forms to facillitate international travel.

My fiancee's mother is very ill, and will not live much longer. The children want to go visit her as much as their father does, and this will require a trip over seas.

Their mother now refuses to sign the consent, has indicated several times in emails of this, including stating she will willfully break the final order by refusing. She also is not exercising access visits, indeed has only seen the children 4 times in the last year, and never contacts us if she is not exercising access, although the order states she must.

We know if we bring a motion, she will tie it up in knots and drag her heels long enough that it will be too late, their grandmother does not have much longer, it could be a matter of weeks.


A trip to the FLIC lawyer said we could go ex parte, which we tried, but the judge said no because we hadn't booked the tickets yet, that it musn't be that much of an emergency, and told us to serve her with a motion. We thought we couldn't book the tickets yet because we can ill afford to lose the money if we end up missing the flight because of her unwillingness to sign. We need to change the order to remove the need for her consent, but keep in the part where she still requires consent from my fiancee.
Can we submit ex parte again? Or do we now have to go the long route by serving? If we file again, do we use the same file number? Or does it start over fresh?

We really need help, time is running out.

Thank you in advance for any help offered.
 
I would try to bring a motion just not an ex parte motion. It isn't urgent enough to not notify her. I know here if we file a motion because she isn't following the order we are able to get in front of a judge usually within about 3 weeks sometimes less. You could file a contempt. Telling the judge that she refuses to sign the form, and asking that an order be granted allowing you to travel without her permission.

We are in the middle of a motion to change and its taken 5 months so far and not near the end so I am not sure if that is the best option for you if time is important.

your file number is always the same. As well as if you are the respondent or applicant in the original papers you will always be that.
 
Dadx5 said:
I would try to bring a motion just not an ex parte motion. It isn't urgent enough to not notify her. I know here if we file a motion because she isn't following the order we are able to get in front of a judge usually within about 3 weeks sometimes less. You could file a contempt. Telling the judge that she refuses to sign the form, and asking that an order be granted allowing you to travel without her permission.

We are in the middle of a motion to change and its taken 5 months so far and not near the end so I am not sure if that is the best option for you if time is important.

your file number is always the same. As well as if you are the respondent or applicant in the original papers you will always be that.
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So you think we should just file a contempt to facilitate the travel? We were thinking along the lines of contempt, for the refusal to sign, plus a motion to change the final order so we dont have to go through this every time we want to take the kids on holiday.

So for the contempt, we just need form 31 and 14A affidavit plus the evidence?
 
I don't think that's contempt. She's allowed to refuse her consent for international travel according to your agreement (if she wasn't allowed, there'd be no need for a travel consent clause), and that's what she's doing. I agree that this is crappy and vindictive behavior on her part, but I don't think it's contemptuous. Her not exercising access is irrelevant.

My suggestion would be to book the tickets and buy travel insurance that would allow you to cancel or change the flight if necessary. Then go back for an ex parte motion. I agree that time is of the essence here. Do you have any medical documentation of the severity of the mother's condition which could be used to justify going the ex parte route?

I'm sorry to hear you're going through this - it must be extremely stressful.
 
I have a clause in my final order that says that both parties will sign the travel documents when the other requests for international travel.

I had concerns that my ex was going to disappear with my daughter when she was removing her from Canada during my access time with her. I went to see a lawyer regarding this to see if it was possible for me not to sign it until after the issues that were happening were resolved as there had been death threats, police involvement, and an upcoming trial and motion to change asking for full custody. I was informed that I would be in contempt if I didn't sign even given all that was going on. I was told that when I was brought in for the contempt motion I would explain my reasons and a judge might side with me but it was still a contempt of the order.
 
Thank you everyone for your imput, it's been appreciated.

We have filed a contempt and an urgent motion to cover the international travel. We also filed a motion to change the final order to fix a few things matters that have reared up during the last 14 months since the original order was signed.

I have another question though, and this time it is about draft orders. Are we expected to bring a draft order for the court? Or do they write their own order based on what we have asked for in the motion? This question is for both urgent motion and the motion to change.

Once again, we appreciate any help offered.
 
I almost forgot, if we do have to complete the draft order for the urgent motion, do we file it before hand? Or take it in on the day?
In googling, I have discovered a draft motion can be filed by us if they don't respond within the 30 days for the motion to change, but I am a bit lost over the order for the urgent motion.

Thanks again
 
Are we expected to bring a draft order for the court?
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You don't have to, but it would be smart to have it so the judge can sign it then and there. Remember to bring three copies.

You do not file draft Orders beforehand.
 
Just realised that this was never updated. She was found "without a doubt" to be in contempt of court. The judge suspended her access "in it's entirety", until she purges her contempt. He told her that her excuses for refusing to sign travel consent was "a load of rubbish".
She has not yet made a motion to the court to purge her contempt (it's been 6 months now). We have since attended court however as we never intended for her access to be stopped (but she really pissed off the judge with her attitude) and he has now given her interim access 6 hours every other weekend, and the order was changed so that her consent is no longer needed at any time for any travel anywhere.
She has to make a motion to increase access, or, if her behaviour does not improve, the judge will terminate her access entirely. So far, she has not behaved very well, and this is going to reflect very badly when we return to court (no date yet set). She has also been ordered to not consume alcohol 24 hours before, or during access, and she has to allow the police to obtain a sample of breath at any time we ask for one if we suspect she has been drinking near the children.
The children got to spend 3 wonderful weeks with their Nannie, who has sadly since passed away. But the children now have memories of her to last a lifetime. The time spent with her grandchildren meant the world to her and the children.
 
Wow I am shocked that the judge suspended her access completely over not signing a consent form!

That is very sad that there grandma has passed away but great they got to see her before she died.

Did the judge explain why they were suspending all access to the children?
 
FormFiller said:
Just realised that this was never updated. She was found "without a doubt" to be in contempt of court. The judge suspended her access "in it's entirety", until she purges her contempt. He told her that her excuses for refusing to sign travel consent was "a load of rubbish".
She has not yet made a motion to the court to purge her contempt (it's been 6 months now). We have since attended court however as we never intended for her access to be stopped (but she really pissed off the judge with her attitude) and he has now given her interim access 6 hours every other weekend, and the order was changed so that her consent is no longer needed at any time for any travel anywhere.
She has to make a motion to increase access, or, if her behaviour does not improve, the judge will terminate her access entirely. So far, she has not behaved very well, and this is going to reflect very badly when we return to court (no date yet set). She has also been ordered to not consume alcohol 24 hours before, or during access, and she has to allow the police to obtain a sample of breath at any time we ask for one if we suspect she has been drinking near the children.
The children got to spend 3 wonderful weeks with their Nannie, who has sadly since passed away. But the children now have memories of her to last a lifetime. The time spent with her grandchildren meant the world to her and the children.
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Is she paying you child support?
 
Dadx5 said:
Wow I am shocked that the judge suspended her access completely over not signing a consent form!

That is very sad that there grandma has passed away but great they got to see her before she died.

Did the judge explain why they were suspending all access to the children?
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The judge was frustrated with her antics. She has been uncooperative at every turn, false allegations, taking the children and being forced to return them. Lying, accusing the OCL by email and fax of bribery and corruption. It's a 4 year history of vile nasty hateful emails and notes. She would leave the children standing in the playground waiting for her to show up for access, and not bothering to tell them she wasn't coming. Going months without seeing them, no phone calls or cards for birthdays, bringing them back early from visits telling them she can't stand them any more. Dropping them at the door and driving off before even ensuring someone was there to answer the door.
Getting drunk in front of them repeatedly, falling off furniture. Running off drunk in the middle of the night, leaving them home alone. Having them wander the streets in the middle of the night looking for her, then running off when they find her.

The list goes on.

So, as you can see, she has had a terrible track record. It went a lot further than her just refusing (15 times) to sign a travel consent document.
 
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