Order General
| |ONTARIO | |Court File Number |
| |Superior Court of Justice Family Court Branch | | |
| |(Name of Court) | |
|at |161 Elgin Street, Ottawa, On K2P 2L1 |Form 25: Order (General) |
| |(Court office address) | |x | |Temporary |
| |Applicant(s) | | |Final |
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| |(Full legal name & address for service: street, number, |Lawyer’s name & address: street, number, municipality, postal |
| |municipality, postal code telephone & fax numbers & e-mail |code, telephone & fax numbers & e-mail address (if any). |
| |address (if any). | |
|The Honourable | | |
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| |Respondent(s) |
|Judge (Print or type name) |Full legal name & address for service: street, number, |Lawyer’s name & address: street, number, municipality, postal |
| |municipality, postal code telephone & fax numbers & e-mail |code, telephone & fax numbers & e-mail address (if any). |
| |address (if any). | |
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|Date of order | | |
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|The court heard a Case Conference |
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|The following persons were in court (names of parties and lawyers in court) |
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|Applicant/ Lawyer/ Respondent/ Lawyer |
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|Upon reading the Consent, filed, and pursuant to the Rules governing Consent proceedings: |
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|THE COURT ORDERS THAT: |
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|Applicant’s Disclosure |
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|The Applicant shall produce the following documents, on or before XXXX date: |
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|all documents to verify the values of assets and liabilities, referred to in the Applicant’s Financial Statement, sworn XXXX date, both as at the date of |
|separation, and at the date of marriage; |
|(list) |
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|appraisals of the following assets shall be provided by XXXX date: |
|(list) |
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|a valuation of the (pension, matrimonial home, other real estate, business) shall be provided by XXXX date; |
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|related to her income, the following documents…: |
|(list) |
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|e) See Schedule A for more particularized disclosure. |
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|Respondent’s Disclosure |
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|The Respondent shall produce the following documents, on or XXXX date: |
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|a) all documents to verify the values of assets and liabilities, referred to in the Respondent’s Financial Statement, sworn XXXX date, both as at the date of |
|separation, and at the date of marriage; |
|(list) |
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|b) appraisals of the following assets, to be provided by XXXX date: |
|(list) |
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|a valuation of the (pension, matrimonial home, other real estate, business) shall be provided by XXXX date |
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|related to his income, the following documents: |
|(list) |
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|Further Disclosure |
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|Each party shall provide to the other documentation that indicates any change in that party’s annual rate of income, within 15 days of such change occurring. |
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|Either party may bring a procedural motion to compel proper disclosure. |
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|Temporary Custody and Access |
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|On consent, and on a without prejudice basis pending further order of the court or agreement of the parties, the Applicant and the Respondent shall have |
|temporary joint custody of the children B and C, with primary day to day care and control of the children to the Applicant/ Respondent (A/R) (or as otherwise |
|agreed). |
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|On consent, and on a without prejudice basis pending further order of the court or agreement of the parties, the parties shall abide by the following temporary |
|residential schedule for the children (or the A/R shall have access to the children, as follows): |
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|a) |
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|b) |
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|Appointment of Office of the Children’s Lawyer |
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|The Office of the Children’s Lawyer is appointed to represent the interests of the children. |
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|Custody and Access Assessment |
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|(Alternatively) Dr. RRRRR is appointed to conduct a custody and access assessment with regard to the children B and C and to report to the court on the needs of |
|the children and the ability and willingness of the parties or any of them to satisfy the needs of the children. The cost of the assessment shall be paid equally|
|by the parties, subject to a further order of the court. |
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|Temporary Support |
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|On a without prejudice basis, and pending further order, the A/R shall pay to the A/R temporary child support in the amount of $00per month for the support of B |
|and C, based upon the Table Support for two children and the income of the A/R at $0000 per annum, commencing on January 1, 2XXX and payable on the 1st day of |
|each month thereafter. |
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|In addition, the A/R shall pay to the A/R: |
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|a) the sum of $00 per month as his/her proportionate contribution to child care costs; and |
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|b) 00% of the costs of other s. 7 expenses. |
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|On a without prejudice basis, and pending further order, the A/R shall pay to the A/R temporary spousal support in the amount of $00 per month, commencing on |
|January 1, 2XXX and payable on the 1st day of each month thereafter. |
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|Temporary Exclusive Possession of the Matrimonial Home |
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|The A/R shall have temporary exclusive possession of the matrimonial home and contents at 10 Smith Street, Ottawa, pending the trial, or further order of the |
|court. |
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|The A/R shall be responsible for and pay as they fall due, payments on account of the mortgage, property insurance, municipal taxes, and utilities related to the|
|A/R’s use and occupation of the home and shall indemnify the A/R from any liability arising from such expenses. |
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|Sale of the Matrimonial Home |
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|The jointly owned home at 10 Smith Street, Ottawa shall be listed for sale and sold. The parties shall agree upon a listing agent and listing price and other |
|conditions of sale. |
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|Pending the sale of the home, the A/R shall have temporary exclusive possession of the home…… The A/R shall cooperate with the showing of the home for sale. |
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|Pending the sale of the home the A/R shall maintain the home in a good state of repair. Any repairs necessary for the sale of the home, with a cost of in excess |
|of $250 shall be agreed upon by the parties and paid by them in equal shares. |
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|Failing agreement on the conditions of sale or other aspects of the sale, the parties agree that any such matter shall be dealt with in a Rule 14(b) Motion in |
|writing to a judge, or to a Master, as on a reference. |
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|When the matrimonial home is sold, the proceeds of sale shall be applied to pay the real estate commission and other expenses related to the sale, the balance of|
|any mortgages, encumbrances or liens registered against the property and any joint indebtedness incurred by the parties. Any payments on account of such debts |
|made by either of the parties after separation are subject to the right of either party to seek an accounting. |
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|The net proceeds of sale shall be paid out as the parties agree, or failing agreement shall be held in trust in an interest bearing account pending further |
|agreement or court order. |
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|Leave for Motions |
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|Leave for Motions for temporary and other relief is granted. |
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|Questioning |
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|Questioning is permitted, if requested, and shall take place not later than 30 days before the trial date. |
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|Settlement Conference Date |
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|Upon completion of the disclosure and the provision of all expert’s reports either party may seek a Settlement Conference date, which shall be scheduled before |
|XXXX date by the A/R. |
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|Extension of time |
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|The time for listing this proceeding for trial is extended to December 31, 2XXX. |
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|Family Responsibility Office |
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|Unless the Order is withdrawn from the Director’s office, it shall be enforced by the Director and that amounts owing under the order shall be paid to the |
|Director, who shall then pay them to the person to whom they are owed. |
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|This Order bears interest at the rate of _____% per year commencing on this date |
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|Put a line through any blank space left on this page. |
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|Date of signature | |Signature of judge or clerk of the court |
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SEAL
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