GUIDE TO THE DRAFTING AND SIGNING OF ORDERS MADE BY THE ONTARIO COURT OF JUSTICE (FAMILY) AT BRAMPTON October, 2008 INTRODUCTION This Guide was

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1 GUIDE TO THE DRAFTING AND SIGNING OF ORDERS MADE BY THE ONTARIO COURT OF JUSTICE (FAMILY) AT BRAMPTON October, 2008 INTRODUCTION This Guide was prepared by the Orders Task Force of the Ontario Court of Justice (Family) Bench & Bar Committee for Peel. It has been approved by the Bench & Bar Committee. This Guide is intended as an aid to lawyers, clerks and others, regarding drafting and issuance OCJ family court orders. It is prepared with two goals: to facilitate the prompt signing of orders (by reducing the errors in the drafts, there should be less delay for all); and to improve the technical quality of orders (by having consistent, clear, readable orders, there should be fewer problems for those asked to apply the orders) This Guide does not attempt to deal with all situations. Nor is it a replacement for legal judgement in drafting the wording of the orders sought. This guide does not apply to orders under the Child and Family Services Act. This Guide contains required rules. Drafts may be rejected for failure to comply with these rules. This Guide also contains recommendations, suggestions and options. Drafts will NOT be rejected for failure to comply with these rules. However, the Ontario Court of Justice Bench & Bar Committee encourages the use of all the recommendations set out herein. Attached to this Guide are precedents for mixed temporary and final orders and one for orders changing final orders. EXPECTATIONS: Lawyers are expected to: provide the Judge, in writing, with wording for proposed orders, when possible and appropriate confirm, before leaving the courtroom, who will draft the order and if there is no agreement, seek directions for the Justice submit the draft order to Court Operations in a timely manner ensure any order made when he or she was on record is taken out, even if that lawyer has subsequently removed from the record or has not been paid draft orders in keeping with this Guide carefully proofread the drafts OCJ Court Operations is expected to: process draft orders in a timely and consistently manner only reject drafts when necessary, given the principals set out in this Guide promptly communicate any problems with the draft or taking out the order expedite the signing of orders in appropriate cases when drafting orders in cases where both parties are self-represented: o do so in a timely manner o draft in keeping with this Guide o proofread drafts carefully Guide to the Preparation of OCJ Orders (Peel) October, of 16

2 TABLE OF CONTENTS 1. Principals of Drafting 2. Procedures 2.1 Number of Copies 2.2 Extra Certified Copies 2.3 Original Copy 2.4 Envelopes 2.5 Rejected Drafts 2.6 Court Seal 2.7 No Alterations by Administration 2.8 Amended Orders 2.9 Urgent Signing of Orders 2.10 Orders Presented to a Judge for Signing 3. Approval as to Form and Content 3.1 Draft Approved 3.2 Draft Not Approved 3.3 Procedure if No Approval 3.4 Procedure if Dispute 4. In General 4.1 Typed 4.2 Font 4.3 Directive or Permissive Wording 4.4 the Parties Agree Numbering 4.6 Complex Paragraphs 4.7 Application/Motion 4.8 FRO Clause 4.9 Headings 4.10 Bold Font for Types of Relief 4.11 Minutes of Settlement 4.12 References to Legislation 4.13 Non-Harassment Orders & Legislation 4.14 Nature of Provisions 4.15 Interest Clause 4.16 Police May Arrest Clause 5. Identifying Parties 5.1 Last Names 5.2 Title of Proceeding 5.3 Identify in Detail 5.4 Children 5.5 Gender of Children 5.6 Simplified References 5.7 Always Using the Full Name 5.8 Mr. / Madam Justice Guide to the Preparation of OCJ Orders (Peel) October, of 16

3 6. Reasons for Judgement, Acknowledgements & Findings 6.1 Reasons for Judgement 6.2 On Consent and Unopposed 6.3 Acknowledgements 6.4 Findings of Contempt 6.5 Child Support Findings 6.6 Other Findings 7. Directions and Procedural Provisions 8. Endorsements 9. Temporary and Final Orders 10. The Last Order 11. (Default) Orders on Uncontested Motion or Application 12. Change (Variation) Order 13. Some Standard Wording of Clauses 13.1 Standard Minutes of Settlement Form 13.2 Standard Emergency Motion Clauses 13.3 Examples 13.4 Joint Custody 13.5 Indexing of Spousal Support 13.6 Payment of Arrears 13.7 Health and Dental Benefits 13.8 Life Insurance 13.9 DNA Tests Support Order Provisional Support Order Confirmation Support Order Confirmation with Changes Costs Costs Enforceable by FRO No Costs 14. Terms of Art 15. Some Resources 15.1 Computers at the Courthouse 15.2 Updates of this Document Guide to the Preparation of OCJ Orders (Peel) October, of 16

4 1. PRINCIPALS: The following principals should be used in drafting orders: 1.1 Clarity. The order should be clear to a lay person with no prior knowledge of the case. Write the order for a police officer who is asked to apply it at 2:00 a.m., or a tax official trying to figure out who gets the child tax credit. 1.2 Stand-Alone. The order should stand on its own. Reference to other documents should not be required to understand the order. 1.3 Unambiguous. If an order is clear and concise, it is less likely parties will get into arguments about its application. 1.4 Consistency. The more consistent the wording used in orders, the less likely there will be problems interpreting how they should be interpreted. 1.5 Care. Careful consideration and review of the wording used, particularly of nonstandard provisions, is essential. Badly worded provisions can have a serious impact on clients and add to the burden of the Courts. 1.6 Preparation. Draft your Minutes of Settlement, Consent to Order, Notice of Motion, or draft wordings of order sought in a manner that can easily be transferred to the order. You may accomplish a number of goals: give careful consideration of the wording and its affect in advance of the appearance; 2. PROCEDURE (Required) advocate for the wording that is in your client s interest; and assist the judge by reducing the endorsement, as the judge can incorporate the wording of the order by reference to the document provided. 2.1 Number of Copies. Provide enough copies: one for the lawyer taking out the order one for each party one for the court (d) if there is a support order (or change to one), one copy for the Family Responsibility Office; (e) if there is an order affecting support Ontario Works has an interest in the support, one copy for Ontario Works; (f) if there is a Children s Lawyer, one copy for the Children s Lawyer 2.2 Extra Certified Copies. The court will entertain reasonable requests extra Court certified orders, at the stage the order is being issued. A request with an explanation should be made in writing when the draft order is submitted. Otherwise, there will be a fee for extra copies. 2.3 Original Copy. The court retains the original (signed and entered) order and will provide court certified copies. 2.4 Envelopes. Include with the copies of the draft order, a stamped, selfaddressed envelope. (Make sure the envelope is big enough for the copies being sent to you and that there is sufficient postage.) 2.5 Rejected Drafts. If the draft is rejected, you will be mailed a form letter (see attached) indicating the problem, along with a copy of the rejected draft order Guide to the Preparation of OCJ Orders (Peel) October, of 16

5 you must send back the re-drafted order (enough copies and a selfaddressed stamped envelope) with a copy of the court rejection form 2.6 Court Seal. Court Operations stamps the order with the court seal, at the upper left part of the order: leave room between the judge s name and date of order for the stamp do not place red seals on the drafts if using DivorceMate, consider removing the circle and the word seal 2.7 No Alterations. Court Operations will not make any changes on the face of the draft. Make sure the date, name of judge, file numbers, etc. are correct in the draft. 2.8 Amended Orders. (d) (e) (f) Where an issued order contains an error (i.e. does not reflect the endorsement or contains a typographical error), the corrected order shall be referred at the top of the document as an Amended Order. If there is uncertainty whether the error is in the drafting or in the order made, clarification may be sought from the judge who made the order. A 14B motion for directions may be required. At the very end of the document, the following text shall be added: This is an amended order, containing corrections to drafting errors in the order initially issued by the court. If the order was initially drafted by Court Operations (parties were unrepresented), the appropriate case management clerk or the Group Leader. If the order was initially drafted by counsel, then counsel should write to administration, provide a draft Amended Order, an approved of the draft Amended Order and otherwise follow all the procedures for the initial submission of a draft order for issuance. If there is a dispute as to whether or how an issued order should be amended, and it cannot be resolved by Court Operations, a party may bring a 14B Motion may be brought seeking directions from the judge. 2.9 Urgent Signing. Where an order is required on an urgent basis, attend at the Administration Counter with a draft (with the correct number of copies) and request that the order be issued an expedited basis. The urgency must be clear. Efforts will be made to issue the order while you wait. You may request the judge, when making the order, to direct Court operations expedite the issuing of the order Orders Presented to the Judge for Signing. Note: Generally, judges will not sign draft orders. Orders signed by judges would then be reviewed and issued by Court Operations, to ensure it meets technical requirements. There is no time saved by having the judge sign the draft. Lawyers are encouraged to submit the draft orders so that a judge may, if they so chose, adopt the wording (and reduce the necessity to write it out in their endorsement). Guide to the Preparation of OCJ Orders (Peel) October, of 16

6 3. APPROVAL AS TO FORM AND CONTENT 3.1 Draft Approved. Normally draft orders must be approved by all other parties present. Unless the endorsement waives approval by the other party/ies, the draft order must be submitted with one of the following: a copy of the draft approved by the other party/ies: (i) (ii) a fax or photocopy of the approval is acceptable; or a lawyer may sign on behalf of the other party s lawyer (the lawyer should have written authorization but need not provide that authorization to Court Operations); or (iii) the original signed by both parties/lawyers. 3.2 Not Approved. Note: Rule 25(8) allows an draft order to be issued without approval as to form and content by the other party/ies, where two criteria are met: the draft was served on the party whose approval is required; and there has been no approval or Form 25E Notice Disputing Approval of Order received by the party drafting the order. 3.3 Procedure if No Approval. Recommended: File an Affidavit (General), with the following wording: I make this Affidavit in support of a request that my draft of the order made [date] be issued without the approval of [name of party]. A copy of the said draft is attached hereto and marked as Exhibit A to this Affidavit. On [date], which was [number] days ago, I served [name] counsel of record for the said party with said draft. As of the date of this Affidavit, I have not received the approval of the said draft from the said counsel nor have I served with a Notice Disputing the Approval of the Order (Form 25E). 3.4 Procedure if Dispute. Rule 25(5) to (7) governs disputes regarding the draft orders. In preparing the Dispute form, a date and time for a telephone conference with the clerk must be specified. To obtain this appointment, call the Supervisor of OCJ Family Operations at If he is not available, call the OCJ Family number ( ) and ask for the person leading the OCJ Family Court Operations that day. 4. IN GENERAL 4.1 Typed. Required: A clean draft. Typed with no writing in ink (except as specified above). No crossing-out or white-out. Note: It is important that there be no suggesting that the order was altered. Note: While the Rules allow documents to be hand printed, it would be rather difficult to prepare a draft order by hand, without any corrections on the face of the document. Guide to the Preparation of OCJ Orders (Peel) October, of 16

7 4.2 Font. Recommended: Accessibility for persons with visual disabilities call for standard business sans-serif font (for example, Arial or Calibri,), 12 point size (11 point size for font is Tahoma acceptable). 4.3 Directive or Permissive. Required: The paragraphs in an order should either: be directive for example, X shall have custody ; Y shall pay ; or see discussions about reasons for judgement, acknowledgements and findings. 4.4 The Phrase the Parties Agree... Required: Do not use phrases like... the parties agree... or On consent.... This is not part of the order of the court. 4.5 Numbering. Required: All paragraphs and pages must be numbered. 4.6 Complex Paragraphs. Recommended. Avoid long complicated sentences. Follow the example of legislation by using outline numbering (in MS Word) or multi-level numbering. This is particularly useful for lists of children, access terms, support findings, etc. This makes the provisions easier to read and less likely to be misinterpreted. For example: 1. Xxxxxxxxxx: xxxxxxxxxx; and xxxxxxxxxx, xxxxxxxxxxx 2. xxxxxxxxxx. 4.7 Application/Motion. Recommended: Remove either Application/ or /Motion from the line The court heard an application/motion made by. (The draft will not be rejected if you fail to do this.) 4.8 FRO Clause. Required: If the order deals with support, include the FRO clause: Unless the Support Order and Support Deduction Order is withdrawn from the Office of the Director of the Family Responsibility Office, it shall be enforced by the Director, and amounts owing under the Support Order shall be paid to the Director, who shall pay them to the party to whom they are owed. 4.9 Headings. Recommended: Headings should not used unless the order is long or complex and it improves the readability of the order. Use simple, neutral headings like custody, access, support. Consider the use of bold text instead (see the next item) Bold Font. Option: Use body type for heads of relief in the text of an order. For example, The Applicant father shall have custody of the child. This should aid in the navigation of the documents without adding new text Minutes. Required: When preparing a draft order from Minutes of Settlement, under the line The court received evidence and heard submissions on behalf of (name or names), after identifying the Parties, add the following: and on receiving Minutes of Settlement, dated <date> (Follow the same practice for a Consent to Order.) 4.12 References to Legislation. Option: You may refer to the legislation or the rule under which a particular provision in an order was made. This is useful when it Guide to the Preparation of OCJ Orders (Peel) October, of 16

8 is an unusual provision, when it may result in criminal charges or it may be relied upon outside Ontario Non-Harassment Orders & Legislation. Required: You must indicate whether a non-harassment order was made under section 35 of the Children s Law Reform Act and/or section 46 of the Family Law Act Nature of Provision. Option: Certain provisions are made under general heads of relief. For example, there is no stand-alone provision for a nonremoval order. It is either an aspect of the custody order or a condition of access. You may specify under which head of relief the provision was made. For example, As a term of the custody order,... not remove.... The head of relief under which the provision is ordered may have significant impact. For example, see interpretations applied to the Hague Convention of the Civil Aspects of International Child Abduction Interest Clause. Required: If there is any money order (support or costs), include the interest clause as the last numbered paragraph in the order: This order bears post-judgment interest at the rate of...% per year effective from the date of this order. Where there is a default in payment, the payment in default shall bear interest only from the date of default Police May Arrest Clause. Required: Were a non-harassment (restraining order) is made, the following shall be placed in the order, after the court signature lines: Notice: Pursuant to section 35(3) of the Children s Law Reform Act or section 46(3) of the Family Law Act, a police officer may ARREST WITHOUT WARRANT a person believed, on reasonable and probable grounds, to have contravened this non-harassment order. Contravention of this non-harassment order is an offence under section 35(2) of the Children s Law Reform Act and section 46(2) of the Family Law Act, respectively. 5. IDENTIFYING PARTIES 5.1 Last Name. Recommended: Capitalize all last names (e.g. SMITH ). 5.2 Title. In the Title of Proceeding (Style of Cause): (d) Recommended: List parties (but not lawyers): <LAST NAME, Given Names> Option: You may put the relationship to the child may put next to the party classification. This is especially useful if the party is not a mother or father. For example, Applicant(s) (maternal grandmother). Recommended: In a motion to change, clarify Moving Party and Responding Party. For example, Respondent(s) (Moving Party). Required: Address and phone number for parties must be set out, or else an explanation of why it is absence must be set out. In particular, use: (iv) [None] (v) [Unknown] (vi) [Withheld] Unless the party s solicitor of record is listed. Guide to the Preparation of OCJ Orders (Peel) October, of 16

9 (e) (f) (g) (h) Recommended: If the address provided is not the parties residence but instead only a mailing address, than add c/o to the beginning of the address. Required: Address, phone number and fax number for all lawyers must be set out. (Inclusion of addresses are optional.) Recommended: All lawyers should identify themselves as Barristers and Solicitors or Lawyer to distinguish them from other agents that may be allowed to assist clients under the Rules. Recommended: If a party has no lawyer, then in the lawyer box print [Self-Represented]. 5.3 Identify in Detail. Recommended: A party should be identified in detail the first time they are mentioned in the order. The format should be <Party> <relationship to child> <full name>. For example, Applicant mother Mary Anne Doe. After this, the party can be referred to by <Party> <relationship to child> (for example, the Applicant mother ). Alternatively, use <Party< <full name>. 5.4 Children. Recommended: When the children are first mentioned, they should be fully identified. The format should be <full name> <birth date>: the children, namely: Mary Lou Doe, born July 1, 2000; and Billy Bob Doe, born December 25, After this, they can be identified collectively as the said children or individually by the child <full name>. Referring to the children simply as the said children is imprecise. However, after naming the children you can add the phrase (hereinafter the children ). 5.5 Gender of Children. Option: You may include the gender of the child. (This is helpful when gender is not clear from the name and third parties will need to identify the order to enforce it.) 5.6 Simplified References. Recommended: If you wish to identify a party or child by his/her first name later in the order, include a clause where the person is first identified (hereinafter <first name> <last name> ), for example (hereinafter Mary Smith ). (The use of first names to refer to an adult or child in a court order may be considered disrespectful and too informal.) 5.7 Always Using Full Names. Recommended: However, it is a good practice to use the full names of the parties and the children throughout the document. It is especially important to do this when: the order speaks to different audiences (for example, the non-removal provision to immigration officers and the support provisions to FRO) if different provisions apply to different children, then the children should be referred to by name in each provision the provision may be interpreted in a technical way by some authority other than the court making the order (for example, attempting to recover a child from a foreign jurisdiction or prosecuting a party for breach of a nonharassment order) Guide to the Preparation of OCJ Orders (Peel) October, of 16

10 5.8 Mr. / Madam. Option: At the top of the order, add to the line The Honourable Justice the word Mr. or Madam, as appropriate but not manditory. 6. REASONS FOR JUDGEMENT, ACKNOWLEDGEMENTS & FINDINGS 6.1 Reasons. Required: Do not include the Reasons for Judgement in the order. 6.2 The Phrase On Consent and Unopposed. Option: The phrases On consent and Unopposed may be used after the phrase THE COURT ORDERS THAT or at the beginning of a paragraph, if: the phrase is expressly used in the Endorsement; and the descriptive phrase clearly applies to the whole order (where it is placed after THE COURT ORDERS THAT or the paragraph (where it is placed before that paragraph). For orders that are uncontested (i.e. on default), see Item 11 in this Guide. 6.3 Acknowledgements. Required: Do not include the acknowledgements in the draft order. 6.4 Contempt. Required: A finding of contempt should be set out in the order. For example: The Respondent is found in contempt of court for breaching paragraph xxx of the order of this Court made on [date] by the Honourable Justice [name] at [location]. 6.5 Child Support. Required: The Child Support Guidelines requires that the order for child support set out the number of children being supported and the income of the Payor and the Recipient. Findings on which a support order is based should be sent out in a separate paragraph. For example: This child support order is based on the following findings: (d) the number of children entitled to support is [number] the annual income of the Payor being $[amount] the annual income of the Recipient being $[amount] paying the table amount of support, being $[amount], would be an undue hardship on the Payor because of [basis of hardship] and the Payor meets the passes the Standard of Living Test 6.6 Other Findings. Required: If you wish to include other findings in the text of the order, ask the judges making the order to endorse that the findings be included in the text of the order. Examples of other findings that might be needed to be included in the order are: (d) findings as to jurisdiction of the court; findings as to habitual or ordinary residence; the [Respondent/Applicant] [name] is found to be the father of the child, [full legal name], born [date], pursuant to section 4 of the Children s Law Reform Act ; the [Respondent/Applicant] [name] is found demonstrated a settled intention to treat the child, [full legal name], born [date], as a child of Guide to the Preparation of OCJ Orders (Peel) October, of 16

11 (e) [his/her] family and to be a parent of the child within the meaning of section 1 of the Family Law Act.and findings that seek to improve enforceability in cases of parental abduction and, in particular, use of the Hague Convention on Parental Abduction. 7. DIRECTIONS AND PROCEDURAL PROVISIONS 7.1 Not to Include. Required: Do NOT include the following in the order: (d) (e) (f) a direction that the Support Deduction Order issue a waiver of approval as to form and content a direction on who shall draft the order a direction expediting the issuing of an order estimates of time for the next court appearance directions to add filed documents to the Continuing Record 7.2 Include. Required: Do include the following in the order: directions to a party or counsel to take some procedural step, such as filing or serving documents that conference briefs be filed or not be filed that a court date be vacated. 8. ENDORSEMENTS 8.1 Note: It may sometimes be difficult to distinguish between reasons (not included) and findings (included in the order). Some judges start the order portion of there Endorsement with the words order to go:. 8.2 Note: The Endorsement should have the judge s name printed or stamped at the end. 8.3 Note: If you cannot read the Endorsement or if it is unclear in meaning, then call for assistance Group Leader (at ) or the Docket Clerk responsible for the file. 8.4 Note: If necessary, the clerk can make inquiries can be made through the Judge. 8.5 Modifications. Required: You should: expand abbreviations for example, Appl. may become Applicant mother ; cus may become sole custody complete sentences and correct grammar for example, child support of $300 month. may become The Applicant mother shall pay the Respondent father support for the said children in the amount of $ per month, commencing this day and payable on the X day of each following day. 8.6 Preserve Meaning. Required: You may not change or add to the meaning of what is set out in the Endorsement. Guide to the Preparation of OCJ Orders (Peel) October, of 16

12 9. TEMPORARY & FINAL ORDERS 9.1 Required: Where an order contains both temporary and final provisions: check off both temporary and final at the top of the order form; either: (i) (ii) (recommended) divide the provisions into temporary and final terms, leaving some space between the sections and use the headings: THE COURT ORDERS ON A FINAL BASIS: THE COURT FURTHER ORDERS ON A TEMPORARY BASIS: or, indicate in each paragraph whether that provision is made on a final or temporary basis. 9.2 Note: Temporary without prejudice terms may be mixed in with temporary orders. 9.3 Procedural Orders. Required: Most procedural orders (for example, substitute service or disclosure) are final. 9.4 Continuation of Temporary Orders. Suggestion: When concerned about enforcement of a past temporary order, include the following in Minutes of Settlement or the request to a Judge: the temporary order made <date> shall continue in force 10. THE LAST ORDER 10.1 Recommended: The last order made should tie up loose ends. Include the following in the Minutes of Settlement or request it be included in the Endorsement: All temporary orders made in this proceeding are terminated. For greater clarity, the temporary non-harassment order restraining X is terminate. Note: If a temporary non-harassment order has been made, it has been registered on CPIC. It will only be removed from the CPIC system if there is an order clearly terminating the non-harassment order. A general ( all temporary orders made ) termination may not trigger the removal from CPIC. All other claims made in this case, not addressed on a final basis in this or previous orders, are hereby withdrawn (or dismissed), without costs (with or without prejudice). 11. ORDERS ON UNCONTESTED MOTION OR APPLICATION 11.1 No Response. Recommended: Where an order is made upon the failure of a party to file a response, add the following wording before the line THE COURT ORDERS : The [party] [name] not having appeared or filed responding documents as required, although properly served on [date] as appears from the Affidavit of Service sworn [date]. Guide to the Preparation of OCJ Orders (Peel) October, of 16

13 11.2 Not Served. Recommended: Where service has been dispensed with: The [party] [name] not having appeared or filed responding documents as required, service having been dispensed with pursuant to the order made [date]. or: The [party] [name] not having appeared or filed responding documents as required, service having been dispensed with pursuant to this order Sub-Service. Recommended: Where substituted service permitted: The [party] [name] not having appeared or filed responding documents as required, although properly served on [date] as appears from the Affidavit of Service sworn [date] and authorized b the order for substituted service made [date] Reason for This Wording. Note: This wording is added for two purposes: The party against whom the order is made should know why it was made without his involvement If the order is to be used outside the province, it may be essential to establish that the party against who the order is made had notice. 12. ORDER CHANGING A FINAL ORDER 12.1 Opening. Required: Properly identify all orders you are changing, by date made and judge. For example, The order made on <date> by the Honourable <name> at <city where court located> shall be changed as follows: 12.2 Specify Paragraphs. Recommended: Identify which paragraphs of the old order you are changing. For example, by deleting paragraphs 2 and 3, and replacing them by the following: 12.3 Completeness. Recommended: The new provision should be as complete as possible. Change entire provision, rather than pieces of it. for example, the following should not be done: support shall be reduced to $400 per month instead, draft the entire support clause again Mixed Old and New. Recommended: Where an order deals with terms changing to an old order and original terms, these two types of terms should be separate sections of the order, with headings Attached. Suggestion: You may add a copy of the old order (that is being changed) to the new order. Use the following words: The order made on <date> by the Honourable <name> at <city where court located>, a copy being attached hereto and marked as Schedule A, shall be changed as follows: 12.6 Note: The goal is to make the change order as readable as possible, without reference to another document. Attaching the order being changed should only be used in rare cases. Guide to the Preparation of OCJ Orders (Peel) October, of 16

14 13. SOME STANDARD CLAUSES Recommended: 13.1 See the attached standard Minutes of Settlement form for preferred wording of common clauses See the attached standard Emergency Motion Terms, for preferred wording for relief sought or granted on emergency motions (without notice) See the attached examples, one for a temporary/final order and one for a Order Changing a Final Order Joint Custody. The Applicant [name] and the Respondent [name] shall have joint custody of the children:... [full legal name], a boy born [date]; With primary residence and day to day care and control to the [Applicant/Respondent] [name] and with periods in the care of the [Respondent/Applicant] as set out below: Indexing of Spousal Support. The spousal support shall be indexed and shall change annually in accordance with the indexing factor in subsection 34(5)(6) of the Family Law Act Payment of Arrears. The [Applicant/Respondent] [name] shall pay $[amount] per month to [recipient s name] toward support arrears, commencing on [date] Health and Dental Benefits. The [Respondent/Applicant] [name] shall maintain the [Applicant/Respondent] [name] [and the said child(ren)] on the [Respondent/Applicant] [name] s health and detal plans available through the [Respondent/Applicant] s employment, for as long as coverage is available. If the [Respondent/Applicant] [name] fails to maintain the coverage described above, the [Applicant/Respondent] [name] may purchase comparable insurance coverage and the [Respondent/Applicant] [name] shall pay the price of the premiums to maintain comparable insurance coverage. The [Applicant/Respondent] [name] may bring a motion to change this order to fix the amount of such payments by the [Respondent/Applicant] [name], so they may be enforced by the Director of the Family Responsibility Office. The [Respondent/Applicant] [name] shall cooperate, in a timely manner, with the [Applicant/Respondent] [name] use of the said coverage and shall be responsible for all costs arising out of any failure to cooperate. Guide to the Preparation of OCJ Orders (Peel) October, of 16

15 13.8 Life Insurance. The [Respondent/Applicant] [name] shall maintain insurance on [his/her] life in force and shall designate the [Applicant/Respondent] [name] as beneficiary of the proceeds of the policy while [he/she] is obliged to pay [child/spousal] support DNA Tests. Permission is granted to the parties to obtain DNA tests to establish paternity of the child, [full legal name], born [date]. The [identify the parties] shall pay for the tests, subject to the reapportionment when the results are known. The testing shall be arranged by the [Applicant/Respondent] [name] and must be conducted by [date] Support Order Provisional. This order is provisional and has no force or effect unless confirmed by a court of competent jurisdiction. Support shall start on the date specified in this provisional order Support Order Confirmation. The provisional order made on [date] by the Honourable Justice [name] made of the [name of court] in [city, province, country] is hereby confirmed Support Order Confirmation with Changes. The provisional order made on [date] by the Honourable Justice [name] made of the [name of court] in [city, province, country] is confirmed [at a lower/higher amount, as follows...] Costs. Costs are fixed in the amount of $[amount] and shall be paid forthwith by the [Applicant/Respondent] [name] to the [Respondent/Applicant] [name] Costs Enforceable by FRO. Costs are fixed in the amount of $[amount] and shall be paid forthwith by the [Applicant/Respondent] [name] to the [Respondent/Applicant] [name]. $[amount] of the total costs fixed relate to the claim(s) for support No Costs. Neither party shall pay costs to the other. 14. TERMS OF ART permission rescinded set aside terminated vacate a court gives permission not leave (this is the wording used in the Rules) arrears of support that are no longer required to be paid are rescinded an order that is cancelled from the beginning an on-going order that is no longer to be in effect is terminated a court date or appearance that is cancelled is vacated Terms that have been changed: Old: New: Style of Cause dispense with (service) varied Title of Proceeding (service) not required changed Guide to the Preparation of OCJ Orders (Peel) October, of 16

16 leave interim interim interim noted in default default hearing permission temporary temporary without prejudice (not temporary temporary ) found not to have delivered a response uncontested trial 15. RESOURCES 15.1 Computers at the Courthouse. Computers with DivorceMate Forms are available in the Peel Law Library in the Courthouse. There is a small fee for printing. There is also a fee for use of the DivorceMate by non-members Updated Copies of this Guide. A copy of this Guide, with any updates or amendments, is available in Microsoft Word and PDF format: by from the Ontario Court of Justice (Family) Operations; and on the Peel Law Association, on the Family Law Page in the members-only section at Other Suggested Wording. Members of the Peel Law Association will find suggested wording for other orders on the Family Law Page in the member only section of the website Guide to the Preparation of OCJ Orders (Peel) October, of 16

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