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When does a judge’s order come into effect?
Generally, an order comes into effect immediately, unless the court states otherwise. The order, however, must still be drafted and signed by the parties and the court. Until this is done, it will be difficult to enforce the order.
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When do I get the order?
Once the judge has made the order at the motion, it is up to the parties, and their lawyers, if they have lawyers, to draft (write up) an order. Either party may draft the order. The judge may also tell the parties who has to draft the order. Once drafted, the order is provided to the other party for consent on the format that the order is in and what it contains. The judge then signs the order.
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How do I draft an order?
You draft an Order using Form 70N of the Court of King’s Bench Forms. You can find a template for Form 70N here:
You must use standard clauses when drafting your order. Standard clauses can be found here:
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What happens if I prepare the court order and the other side will not sign it?
The other party is supposed to review the drafted court order and provide their approval, unless otherwise ordered by the court. If the other side refuses to provide their approval, you may want to review the disposition sheet and see where there may be a dispute as to the terms of the order. You can get a copy of the disposition sheet from your court file. A transcript of the proceeding could also be ordered. If the other party still refuses to sign the order, you can arrange for an appearance before the judge who made the order to settle the terms and have the order signed.
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What happens if something was accidentally omitted or misstated in the court order?
You could file a Notice of Motion with a copy of the amended order containing the corrections.
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What can I do to stop an order if I was not properly given notice of the proceedings, or if other fraud was committed?
You can file a Notice of Motion and affidavit asking the court to suspend or set aside the order based on the ground of fraud or facts arising or discovered after the order was made.
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How do I get written confirmation that an order has been complied with or satisfied?
A party can file a Notice of Satisfaction (Form 70Y) signed by the party before a witness or by the party’s lawyer.
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What happens if something was accidentally omitted or misstated in the court order?
You could file a Notice of Motion with a copy of the amended order containing the corrections.
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Do I have to serve anyone else with the documents for a variation of a court order?
In addition to the other parent, you must also serve the Director of Assistance, if you are trying to cancel support arrears or suspend enforcement of support. If you are varying an order and requesting suspension of enforcement of support or arrears and the other party lives outside of Manitoba, then you must also serve the designated officer at the Maintenance Enforcement Program.
Attention: Maintenance Officer
Director of Assistance
119 – 114 Garry Street
Winnipeg, Manitoba R3C 4V7
Attention: Designated Officer
Maintenance Enforcement Program
100 – 352 Donald Street
Winnipeg, Manitoba R3B 2H8
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How do I apply to change a court order?
You must file a Notice of Motion to Vary (Form 70H) or a Notice of Application to Vary (Form 70G) depending on the order that you are applying to change. A Notice of Application to Vary is filed when you are trying to change an order made in another province under the Divorce Act. A Notice of Motion is filed when you are trying to change a Manitoba order. Also, you have to file an Affidavit (Form 4D) in support of the motion. You may also need to file a Financial Statement (Form 70D).
The Court of King’s Bench Forms
http://web2.gov.mb.ca/laws/rules/forms_e.php
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What happens if I prepare the court order and the other side will not sign it?
The other party is supposed to review the drafted court order and provide their approval, unless otherwise ordered by the court. If the other side refuses to provide their approval, you may want to review the disposition sheet and see where there may be a dispute as to the terms of the order. You can get a copy of the disposition sheet from your court file. A transcript of the proceeding could also be ordered. If the other party still refuses to sign the order, you can arrange for an appearance before the judge who made the order to settle the terms and have the order signed.
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Where do I file to get a family court order?
In the Winnipeg, Selkirk, and Brandon areas you will file in the Court of King’s Bench (Family Division) for all family court orders (support, divorce, property division).If you live in a rural area outside of these communities you can file in the Provincial Court if asking for custody, access to children, support, and protection orders. You must file in the Court of King’s Bench if asking for a divorce, property division, or for a court order dealing with access or restricting access to property.There is a listing of Court of King’s Bench locations at the following link to the Manitoba Courts Website:Provincial Court locations can be found at the following link to the Manitoba Courts Website: -
Do I have to let my ex-spouse see the children when she/he does not pay child support? There is a court order that gives him/her access.
It is generally unwise to use your children as leverage in disputes with your ex spouse. If your ex-spouse has a court order granting access to the children, then it has been decided by the Court that it is in the children’s best interest to see the other parent. You may be held in contempt of Court for refusing to comply with the access order. If you want to change an access order, you must apply to Court to vary (change) the order. If your ex-spouse is required, by order or agreement, to make child support payments and is not making the payments, you should contact the Maintenance Enforcement Program, which has various options to enforce support payments, for example, by garnishing wages, seizing property, suspending a driver’s license, diverting a pension, registering the maintenance debt with the Credit Bureau, summoning the other spouse to Court, or imposing a fine and/or imprisonment.
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Will the Maintenance Enforcement Program still help me enforce my court order if my ex-partner moves to another province?
Yes. The Maintenance Enforcement Program will work with the other Canadian province to enforce the child support order. Maintenance Enforcement will forward the court order to the other province to coordinate collection with them. The other province will forward any funds that they collect to the Manitoba Maintenance Enforcement Program and then you will receive those payments.
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Can I request the court order to have the other parent keep our child on their medical and dental insurance plan from their employment?
Yes.
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What happens if I leave things behind and my ex-spouse starts selling them or giving them away before the court makes its decision?
You can have your lawyer apply immediately for an order preventing your spouse from doing this before the final court decision. If he or she has already done this, they may owe you for half or all of the value of the goods sold, given away or destroyed. Talk to your lawyer about this as soon as possible if you think this will happen.