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I have a question, we appeared in front of a judge for a…

Customer Question
I have a question...

I have a question, we appeared in front of a judge for a motion in Family Court whereby the judge advised that I was up to date with all of my FRO payments and stated this in her endorsement but FRO will not accept this as the judge did not sign an order what can I do now as FRO is threatening to take my drivers license

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Toronto, Ontario

Lawyer's Assistant: Has anything been filed or reported?

I advanced my wife $37,000 in advance payments but she then turned around and said I had not and that I owed her that money for something else, so we filed the motion, the Justice spoke with her and agreed not only were we up to date but ahead

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

But FRO will not accept this without a signed order no

Submitted: 7 months ago.Category: Canada Law
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Answered in 4 minutes by:
11/24/2017
Lawyer: Debra, Lawyer replied 7 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,493
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 7 months ago

I am sorry for this difficult situation.

What you have to do is actually not hard. You have to draft the order, have the other side approve it and then submit it to the court office.

The court clerk will have the judge sign it and a few days later you will have a signed order to provide to the FRO. This is called taking out the order and it is always required. A judge does not actually ever draft and sign an order. The parties prepare it based on the endorsement and then it is signed.

If you are not positive in terms of the wording of the endorsement you can get a copy from the courthouse.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
we did draft the order but the Applicant refuses to sign it so what do I do now?
Customer reply replied 7 months ago
we have a Trial date set for January 8-10 and the Justice has order no more motions until then, although the Applicant has gone ahead and filed a motion for leave due to financial duress and is demanding I give her an upfront payment of $50,000 for legal fees so can I do something during this motion in order to get the order enforced?
Lawyer: Debra, Lawyer replied 7 months ago

Yes.

Speak to the clerk and ask if you can schedule your motion, just to have the order signed, at the same time.

The court will approve your draft order and will give you costs for having to bring this motion which should not be needed.

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