Modifying an Existing Court Order

Posted by admin on April 27th, 2006

How does one modify or change an existing court order? First of all, to better understand what is to be done, what precisely is a court order?

A court order is an order given by a judge or a panel or group of judges. It is an order with specific requirements and rules that you are to fulfill.

To change a court order, here is what must be done depending on your situation: If you have an order from the Provincial (or local) Court, and you both agree to change it, go to the court that made the original order and ask if court staff can provide you with the appropriate forms and instructions. In almost all cases, the change can be made without a court hearing.

If you have an order from the Supreme Court, and you and the court agree to modify it, you can write your own modified forms, following precisely the information provided in the Supreme Court (common) Rules, available on-line. However, the Supreme Court method is complex. You should see the court staff for more information, and you may also want to talk to a lawyer. Like Provincial (or local) Court, in most situations, the modification can be made without a court hearing.

If you have an agreement, rather than a court order, and both of you agree to modify (or change) it, you can either revise the current agreement or write a new one. It’s also an excellent idea to file your revised agreement with the court. Once it’s filed, you can ask the court to enforce it for you if you run into any kind of problems later on.

If after all of this is done, and still you can get nothing to be changed or modified, then you will need to apply to the court and ask a judge to change it. If it is over children for example, the judge will make the decision based on the best interests of the child. To decide this, the judge will take in to account many facts, including the child’s physical and emotional well being, and the ability of each parent to meet that child’s needs. In many cases, you will need to prove to the judge that you have changed since the time when the first agreement was made.

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