Legal Question in Family Law in Canada
does she have to sign the papers??
my b-friend is seperated. the custody order is done. she won't sign the papers, claims she wants to go back to court for custody. we have primary care. she can't have primary care until she's done school in 2 yrs. can we make her sign the papers? we would like to move-on with our lives and family.
1 Answer from Attorneys
Re: does she have to sign the papers??
This answer is wpecific to British Columbia as noted on the LawGuru website. If the Court has made an Order, siging it does not signify agreement with the order but rather agreement that that the paper form of Order relates what the Judge said should happen. In British Columbia if the opposing party will not sign the Order, you may attend at the Court Registry and obtain an "Appointment to Settle An Order", which you will then deliver to the opposing party. At the appointment the Registrar of the Court will determine the correct form of the Order, sign it, and have it "entered" - made official - and will then ensure that you receive a copy. You may also ask the registrar for costs against the opposing party who would not sign the Order- that is some financial compensation for the cost to you of having to arrange and attend at the appointment and for the expense of the Appointment that the Court charges.