Caution: This page contains GENERAL LEGAL INFORMATION ONLY.
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.
The law can be complicated and the details of a case can be even more complicated! There are exceptions for every rule.
What you do not know can harm you. Rely on general legal information AT YOUR OWN RISK.
—Changing a Final Order or Agreement—
How Can You Change to Final Order or Agreement?
To change such an order or agreement, you need an new order. You cannot do this by an agreement with the other party, unless it is filed with the court and a judge makes an order based on it. Common reasons for bringing a Motion to Change:
To change an order or agreement, you must prove there must be a "material change in circumstances". No change in circumstances, no change to the order or agreement. Changing your mind or becoming unhappy with the order or agreement is not a "change in circumstances". Generally, you cannot change the following:
What is the Process?
You must provide a copy of the Order (or the Affidavit for Filing of a Separation Agreement) you are trying to change . If it is from another court location, the copy of the order must be certified by the court. How Can You Changing Temporary Orders? If a long time has passed, then a Case Conference [see article] should be held, before bringing the motion to change the temporary support (indeed, you may be able to resolve the matter at the case conference). If the case is in the Ontario Court of Justice, it will likely be necessary to bring a 14B Motion to obtain permission for a Case Conference. In the Superior Court of Justice, you can bring the Case Conference without getting permission from a judge. It is wise to put the same information that would go in a Form 15A Change Information in the Form 17 Case Conference Brief or a Form 14A Affidavit. How Do You Set Aside A Final Order? In certain cases, a judge may be convinced to set aside (i.e. cancel) a final order and resume the court case at the point before the order was made. Usually this is requested when a party was not aware of the court case prior to the order being made. (If you were aware of the case and did nothing, the order will not be set aside.) Judges are normally very reluctant to set aside final orders. For this to have any real chance of success:
Do You Need A Lawyer? Unlike many other court proceedings, you should provide full evidence in support of your claim in you first set of documents. This includes information, documents, and calculation. Unless it is a recent and simple change, preparing effective documents can be extremely challenging. Consider hiring a lawyer to give advice, plan your case, and draft the documents. If the case is more complicated or if income was imputed to you in the past, then having full representation by a lawyer is important. To set aside an order you need full assistance from a lawyer. |
Michaud Family Law • 416-707-7976 • 2 County Court Blvd., Suite 434, Brampton, Ontario, L6W 3W8
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