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Difference between revisions of "How Do I File an Agreement in Court?"
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How Do I File an Agreement in Court? (view source)
Revision as of 12:29, 12 April 2013
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{{JP Boyd on Family Law How Do I TOC|expanded=agreements}} | {{JP Boyd on Family Law How Do I TOC|expanded=agreements}} | ||
{{OKCOPY}} | {{OKCOPY}} | ||
Written agreements dealing with one or more of | Written agreements dealing with one or more of parenting coordination, parental responsibilities and parenting time, contact with a child, child support and spousal support can be filed in the Provincial Court or the Supreme Court under the ''Family Law Act'' and the rules of court: | ||
* agreements on parental responsibilities and parenting time can be filed under s. 44(3) of the ''Family Law Act'', | |||
* agreements on contact can be filed under s. 58(3), | |||
* agreements on child support can be filed under s. 148(2), and | |||
* agreements on spousal support can be filed under s. 163(3). | |||
Agreements which are filed in court can be enforced as if they were orders of the court in which they are filed. Among other things, this means that the Family Maintenance Enforcement Program can enforce an agreement for support exactly as it would enforce an order for support, and enforcement by FMEP is the usual reason why agreements are filed in court. | Agreements which are filed in court can be enforced as if they were orders of the court in which they are filed. Among other things, this means that the Family Maintenance Enforcement Program can enforce an agreement for support exactly as it would enforce an order for support, and enforcement by FMEP is the usual reason why agreements are filed in court. | ||
==When there | ==When there is an existing court proceeding== | ||
If a court proceeding has already been started, an agreement <span class="noglossary">will</span> normally be filed in the same court at same court registry where the proceeding was started. This helps to keep the whole court file together and prevents confusion about the status of the agreement and the status of the litigation. | If a court proceeding has already been started, an agreement <span class="noglossary">will</span> normally be filed in the same court at same court registry where the proceeding was started. This helps to keep the whole court file together and prevents confusion about the status of the agreement and the status of the litigation. | ||