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Legal Ease
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Category: Canada Law
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My ex and I have joint custody of our son, who is disabled,

Customer Question

My ex and I have joint custody of our son, who is disabled, but 6 weeks ago she threatened to kill herself and our son. I am considering going to court to get sole custody of my son. And to do that I have to get the Separation Agreement cancelled (it was filed in court)...Which forms do I use, and do I use the court number of the agreement, or the court no from the last time we faced off in court?
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.

I am sorry to hear of this difficult situation.

When the agreement was filed was it not filed in the same court file that had the ongoing matters?

And did that agreement cover all the ongoing issues and settle them?

What level of court is this?

Customer: replied 6 months ago.
I thought that it covered everything, but this was unforeseen...In any case, I would like the agreement nullified as she has gone beyond everything, and is still collecting a lot of money for support (both child and spousal) Agreement was signed in 2010, after 10 years of marriage)
anyway, the case was originally an agreement, and therefore was only filed in court; we did not have a hearing at that time. Later, when the contentious issues came up (like when she wouldn't let me see my son for a while) we did go to court - only that time, it was a different file no. (e.g the agreement was number 15578 in Family court, and the time we actually stood before a judge, it was a number like 12-3294)
Expert:  Legal Ease replied 6 months ago.

The agreement cannot be nullified. Rather, you are seeking to vary the agreement based on a material change of circumstance.

You would prepare the documents and then when you file then with the court be sure the clerk knows that there are two court files, which is unusual.

The forms are found here:

http://www.familylaw.lss.bc.ca/resources/court_forms.php

What more information would you like?

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