Why should I consult a BC lawyer as soon as possible
Many legal rights, including the rights of those in family relationships are time limited. In other words if you snooze, you may lose your right to enforce those rights. We have not set out these "limitation periods" or legal deadlines specifically in this information as they are very important and may vary depending on the circumstances. You should get legal advice from a qualified BC lawyer at the first opportunity when assessing your legal rights in any set of circumstances. Vancouver family law and most lawyers will meet with you for an initial consultation at a reduced rate. So what do you have to lose but your rights.
How can I afford to pay a Vancouver family lawyer?
As a rule, each party is expected to retain and pay their own divorce lawyer. If a party has no assets or funds prior to or during a case, and there are family assets to be divided, the "poor" party can apply to the court for "an advance of capital" out of the family assets to pay their divorce lawyer and litigate the case but only to litigate the case. This advance of capital may be deducted from the poor spouse's share of family assets in the final resolution of the case.
Legal Aid - Eligiblity for family law legal aid is now much more limited than it was. Still, there is no harm in inquiring to see if you qualify. Contact the Legal Services Society of British Columbia.
Tax Deduction - If you are applying for child or spousal support your legal expenses incurred to get those forms of income may be deducted from your taxable income. This can be taken in the form of a tax refund or it may even be applied to reduce your taxes at source every month, increasing your net income on every paycheque.Confer with your tax lawyer or accountant to determine whether you are entitled to claim this deduction.
Business Deduction - In circumstances where you own business interests your legal expenses may be deductible business expenses. Confer with your tax lawyer or accountant with regards to this possible deduction.
How can I reduce my legal expenses.
Here are some general cost saving principles:
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First, answer all your lawyer's questions fully and honestly. It will save time and help your lawyer do a better job. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. It is particularly important to tell your lawyer facts about your case that reflect poorly on you. These will almost certainly come out if your case goes to trial.
- Hire a psychologist or counsellor for a shoulder to cry on. Divorce lawyers are generally not qualified to provide psychological counselling. A counsellor can help you resolve issues, deal with grief and loss issues, identify personal goals and they charge less than most divorce lawyers.
- Keep a mirror copy of your lawyer's file. This way you can answer questions when the lawyer calls you.
- The cost of vengeance: A great lawyer, now a judge, once said to a client, "the charge for an uncontested divorce is about a $1000 dollars. A vendetta, now that will cost you a $100,000 dollars." Do not use your marriage breakdown to try and gain revenge against your spouse. You may end up paying your divorce lawyer and your spouse's divorce lawyer.
- Follow your divorce lawyer's advice or get a second opinion from another qualified lawyer (not your trucker cousin in Squamish or Starbucks barrista) when you have doubts. In general the divorce lawyer's advice will save you money in the long run.
- Learn about the law but remember, a little knowledge can be a dangerous thing. In general your divorce lawyer will understand how the law applies to your case in a wider context. You are the expert on your life and your spouse. Your divorce lawyer should be the expert in applying the law to the facts as you present them to her.
- Use fax or email to contact your divorce lawyer where possible. This gives you and your lawyer a record of your contacts.
- Leave very detailed messages about what you want when you call so the divorce lawyer can research your question before calling back.
- If you have questions about your bill raise them directly. Do not wait and build up apprehension or resentment.
- You get what you pay for. Pick a BC divorce lawyer who specializes in the area of your problem and hire the best you can afford.
- Don't try and negotiate verbal or written agreements with your spouse behind your divorce lawyer's back. Generally if you could have worked out an enforceable deal with your spouse without the benefit of a divorce lawyer you would have These deals are rarely enforceable but can cost a lot of money to undo or set aside.
More tips:
SAFEGUARD YOUR FAMILY LAW AGREEMENT: Licenced lawyers must independently explain your agreement to you and your spouse and provide you with written proof of those explanations, called "certificates of independent legal advice," as part of ensuring your agreement is protected as being valid. You might think that you have worked out a great deal that favours yourself but if your spouse does not get independent legal advice (they should also find and pay for their lawyer on their own) you risk having that great deal set aside by a judge as being unfair etc.
PREPARE YOUR PAPERWORK: Try to get as much documentation ready before you go to a lawyer's office, such as: your original marriage certificate (not a photocopy), family birth certificates, a current photo of your spouse, originals of signed agreements, photocopies of your court documents if you have already started a court case, your last three years tax returns and notices of assessment, a pay stub showing year to date earnings, current property tax assessment, corporate financial statements, RRSP and other investment statements and credit card receipts.
CHOOSE THE RIGHT LAWYER: Find a lawyer you feel comfortable with. A lot of people will hire a lawyer their friend used, and then eight months down the road, they realize there is a personality conflict or that the lawyer doesn't get their perspective. In switching lawyers they will have to pay the new lawyer to bring herself up to speed on their file, thus potentially doubling their legal expenses.
How long do I have to wait to get married after my BC divorce?
Unless a judge shortens the appeal (waiting period), you must wait 31 days after the Judge signs your Order for Divorce before you can legally marry. A good way to avoid the confusion and expense of a void marriage ceremony is to make sure that you obtain a certificate of divorce from the Court Registry before getting married again.
How do I get married in British Columbia
In general, with certain qualifications and exceptions:
Both parties entering into the marriage must have the following qualifications:
1. be 19 years of age (must have parental consent if less than 19, must have court ordered permission to marry if aged16 or less)
2. have mental capacity,
3. have legal status to marry: be never married, or widowed or with previous marriage or marriages anulled or divorced in a manner which is considered valid by BC law.
The parties must comply with the formal marriage ceremony requirements to be married in BC:
1. One of the parties needs to attend in person to obtain a marriage licence from someone authorized to sell them in BC (many notaries sell them but call first) and
2. The parties must be married within three months of obtaining that licence.
3. The parties must be married by a person who is lawfully entitled to do so by the BC government, a marriage commissioner.
As a rule, the marriage ceremony must be:
1. attended in person by the parties getting married,
2. be generally open to the public, unless permission is otherwise obtained, and
3. the parties have to say certain legally binding words to each other.
4. once the marriage ceremony is concluded the parties must sign and have witnessed both the marriage licence and a marriage book or register kept by the marriage commissioner.
The marriage commissioner is required to send the marriage licence to the department of Vital Statistics in Victora and keep the marriage register in his/her possession. The parties will be sent a "Marriage Certificate" from Vitial Statistics, which, incidentally, they must have to get divorced.
I can't stand my spouse another minute. Should I move out?
CAUTION: THE FOLLOWING IS INTENDED AS GENERAL INFORMATION ONLY AND IT IS NOT AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE. CONSULT WITH A LICENCED, QUALIFIED LAWYER FOR ADVICE SPECIFIC TO YOU AND YOUR SITUATION.
Safety First
This is a critical question you really must have a BC divorce lawyer assist you with. Try to meet with a lawyer before taking this step unless your safety and wellbeing, and/or that of the children, is in jeopardy.
In general, Courts will tend to support the status quo of the case before them. If you move out of the family home without the children and then try to get interim possession of the family home and get custody of the children, you may have a more difficult time than if you apply to the Court from within the home when you have the children in your de facto (actual but not legal) custody.
Moving into separate parts of the family home, or into separate properties owned by the family, may be alternative separation solutions to moving out of the family residence altogether. If possible, you should have a written enforceable separation agreement or Court Order specifiying your rights, before changing the status quo by moving out of the family home or giving up custody of the children.
If safety is an issue however, always put safety first. If you or the children are at risk while living with your spouse, get yourself and the children away from the threat immediately and deal with that issue first.
How do I become "Legally Separated" in B.C.?
There is no such thing as a "legal separation" in British Columbia. However, there can be a "triggering event". That is the moment during marriage breakdown when, in the Court's eyes, spouses are no longer a single legal entity for family law purposes. They become two individual legal entities.
At the moment of a triggering event, personally held property and personally held debt is transformed into "family assets" and "family debt" in order that they can be preserved, valued and divided equally or in shares determined by the Court.
Triggering events include: a written separation agreement, a divorce decree, a declaration of nullity and a declaration by a Judge that there is no reasonable prospect of reconcilitation.
The moment a triggering event takes place the Mercedes that is registered in the wife's sole name, or the heirloom carpet on the living room floor that the husband inherited, may become family assets. The same is true of R.R.S.P's, homes, bank accounts, furniture, art, boats, etc. They can all go from personally held property to become family assets to be divided by the parties in the proceeding.
Is this the hill I want to die on?
Before spending that $15,000 fighting over the $50.00 wedgewood candy dish ask yourself "Is this the hill I want to die on." In other words, assess carefully how prepared are you to fight for the objective. Litigation is a form of conflict, and an expensive one, so carefully review and keep reevaluating your goals and objectives and change them as necessary as you get new information. That being said, you need to know when it is important to "stay the course" in the face of disappointing developments in your Divorce proceedings. A good Vancouver family lawyer will have the experience and judgment to advise you as to whether you should "stay the course" towards your divorce proceeding goals, or chart a new course based on new information.
I am afraid of a family member harming or harassing me, what can I do?
CAUTION: THE FOLLOWING IS INTENDED AS GENERAL INFORMATION ONLY AND IT IS NOT AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE. CONSULT WITH A LICENCED, QUALIFIED LAWYER FOR ADVICE SPECIFIC TO YOU AND YOUR SITUATION.
Safety First
Divorce and family breakdown is a very stressful time which may bring out the worst behaviour in anybody. You can get court orders on paper which can protect you (see below). Think of court orders as the lines of a crosswalk: they can only protect you if the person that you need protection from sees them and respects them. They do not provide you with "magical immunity" from violence any more than the white crosswalk lines painted on asphalt will protect you from a 2000 k car hurtling towards you, if the driver wants to hurt you and disregards the crosswalk.
You may need to take other practical steps to protect your safety and that of your children such as moving, installing security alarms, even hiring body guards if the situation is very volatile. The worst mistake you can make is to underestimate the threat to your safety. Involve the police. Let them know who you are, what your address is and describe your fears to them without downplaying those fears. They can "red flag" your residence.
Civil Orders
It is alway better to err on the side of your safety. If a family member is acting abusive or in a threatening manner with words or actions, don't second guess your fears, ask a lawyer to obtain an order from a judge which prevents that person from contacting you. If they reside in your home they will have to find accommodations elsewhere until the order expires or is set aside. If they do not comply with that order they may be picked up by the police immediately and not released until a justice of the peace can deal with them.
If they are found guilty of civil contempt of the order restraining contact they may be ordered to post security (assets) for good behaviour and risk losing that security if they breach the court order. They can also go to jail or be fined for breaching the court order.
These restraining orders are not to be used as a game or strategy. They are very serious. If you need a restraining order you must abide by the order also and not try to contact the person that is ordered to stay away from you. If that happens the order may be set aside or you may have an order against you. You have your own obligation to the community not to disturb the peace by creating conflict.
Getting the Police Involved
If you make a complaint of assaults, threatening or harassment to the police, crown counsel may decide to seek a "peace bond" against the offending person. That means that they don't go to jail or get in further trouble unless they breach the peace bond. That can be a criminal offence: they may be charged by the police and they may get a criminal record if they are found guilty of breaching the peace bond after a trial on that charge.
Is a verbal agreement worth the paper it is written on?
Be very careful in what you say to another person because your words may be found by a Court to form part of a verbal agreement. Except with regards to real property or land, a verbal agreement can be enforceable against you. It's enforceablity may depend on evidence of its existence such as witnesses to the verbal contract and other evidence of its existence.
While you should never agree to anything verbally without legal advice, it is just as important to never sign anything of a legal nature without taking the necessary steps to make sure that you fully understand its legal significance and agree to its terms. An ounce of prevention is worth a pound of cure.
Alternatively, if you think that you have struck a great verbal or written deal with your spouse, remember that unless you have proof that they have received independent legal advice before entering the deal, the agreement may be unenforceable against them.
Does it matter where I file my Separation Agreement?
Always file in Provincial Court if you are not married. You can enforce and vary a Separation Agreement filed in Provincial Court but you can only enforce a Separation Agreement filed in Supreme Court. This is an Oddity of statuatory construction that many lawyers are not even aware of.
Exception: If you are a married spouse entitled to apply for Court Orders under the Divorce Act in Supreme Court then you can apply for Orders which supercede the terms of the Separation Agreement filed there.
In other words, if you are entitled to be divorced you can get different Orders under the Divorce Act and therefore you are not limited to enforcing the Separation Agreement in Supreme Court - you can get brand new orders.
Divorce kit vs. Divorce Lawyer?
In many circumstances a Vancouver divorce lawyer can save you money by avoiding costly mistakes or proceedings. Stationary store divorce forms may cost you thousands of dollars in litigation.
Old proverb: "He who acts as his own lawyer has a fool for a client." Most lawyers do not even do their own divorces and family law cases because they may not have the expertise or objectivity. The question should be, how can you not afford to hire a Vancouver divorce lawyer?
What is involved in getting an uncontested divorce?
The steps involved in getting an Order for divorce (dissolution of marriage) vary widely depending on your situation. A truly uncontested divorce where the parties have no children at all, and do not want to divide assets or assess spousal support will cost Court filing fees, agents fees and the cost of serving one of the parties. Your Vancouver divorce lawyer may need to have your marriage certificate produced by Vital Statistics or have it translated. These are extra expenses if they are necessary in your situation.
In addition to these expenses, which are called disbursements, you will be charged the divorce lawyer's fees and taxes on those fees, for her time spent drafting your Divorce documents: The Writ and Statement of Claim and the Application for a Desk Order Divorce.
After the Writ and Statement of Claim have been given to your spouse personally, your divorce lawyer will then draft the Application for Divorce which must be filed with the Court. The Court Registry staff will review the Application for a Divorce to make sure that those documents comply with the law. If the Registry are satisfied with the documents and your spouse has not filed papers contesting the Divorce, the Application for a Desk Order Divorce is sent to a Judge for his review and signature. It goes across the Judge's desk without anyone speaking to it, that is why it is called a "Desk Order Divorce".
If the Judge is satisfied that your Application for a Desk Order Divorce is in order and complies with the law he will sign the draft "Order for Divorce" which your divorce lawyer has included in the package of papers required for a Divorce Application. You are legally divorced 31 days after the Judge signs the Order for Divorce.
As a general rule the entire process may take from 2 to 6 months depending on the circumstances, although this timeline varies widely depending on how difficult it is to get your documents, serve your spouse and how busy the Judges are at the time the Application is submitted.
Where should I file for divorce?
You must file in a province where at least one of the parties has resided for the previous 12 months. In British Columbia you should file in the Supreme Court registry closest to where the children reside, if there are children of the marriage.
How much will my divorce cost?
Desk Order Uncontested Divorces
Your Vancover divorce lawyer may be able to give you a flat rate quote for a truly uncontested divorce. That is a divorce where both parties are easy to reach and serve, all the documents are readily available and do not need to be translated, there are no children and all that is sought is a bare order for divorce. If you are inclined you use a divorce kit remember the adage about "a person who acts as their own lawyer has a fool for a client."
Contested Divorces
If a divorce proceeding is contested the Vancouver divorce lawyer will generally not be able to quote you a flat rate and his hourly rate will apply. In Vancouver hourly rates from $150 to $300 are not unusual.
In addition to a seeking an order for divorce (dissolution of the marriage), many divorce court proceedings include claims for orders other than just a divorce. These other claims can include child custody, child support, spousal support, division of property/debt and more.
What increases costs and uncertainty in court proceedings not discribed above is conflict or disagreement. The more you want a court order, or don't want it, and the more the other party disagrees with your position and is willing to fight, the more expensive the proceeding can be. In other words, think twice before you spend $15,000 fighting over $50 wedgewood candy dish. Pick your "fights" by doing a cost benefit analysis of your goals.
Some of the most expensive litigation family lawyers do is over custody and guardianship of children. Remember when a child reaches adolescence they may go live with a parent of choice, regardless of who spent thousands to obtain an order for custody.
What do I need a divorce for anyways?
Many people come into a lawyer's office with the idea that what they are looking for is a "divorce". Very often more pressing needs are orders for child custody, child support, spousal support, division of property, division of debt, for sole possession of the family home, restraining contact, restraining removal or interference with children from the province etc.
An order for divorce merely dissolves the marriage. You need it before you can marry another person. It can also be a triggering event which crystalizes the legal separation of the parties (an order annulling the marriage, a written separation separation agreement, and a declaration that there is no reasonable prospect of reconciliation are alternative triggering events.)
For practical purposes, a bare order for divorce, in and of itself, does not "put food on the table or a roof over your head" and therefore it may not be your first priority. Divorce court proceedings, however, may, but do not necessarily, include claims for other types of orders also including child custody, child support, spousal support, division of family assets/debt etc. These kind of orders can put food on the table and a roof over your head but they are not the "divorce".
In Canada, a Court will not grant the order for divorce until it is satisfied that adequate provisions for the maintenance of the children of the marriage have been made. In other words the issue of child support must be determined before you are eliglble to be divorced.
Can I consent to an Order for Divorce?
You cannot consent to an Order for Divorce. It is an Order for only the Court to grant. If you do not file papers contesting the divorce proceedings, the Court will be more inclined to grant the request for a divorce. Whether you contest a divorce or not, however, a Court will not grant the divorce if it is not satisfied that adequate arrangments for the support of the children have not been made. In those circumstances the application for a BC Divorce will be rejected by the Judge.
How are family assets divided in a divorce?
Spouses can enter into any agreement about division of family assets that is lawful according to contract principles.
However, if a married couple cannot agree on how to divide their property and debt and they put their case before a Judge the following will apply: family assets are totalled up and family debt is subtracted from that number. The remaining value is the "net equity" of the family.
family assets - family debt = net family equity
In theory, each party is initially entitled to 50% of the net equity remaining after the family debt is subtracted from the family equity.
That number may change depending on certain considerations the Court may take into account such as: "who brought the asset into the marriage" and "which spouse needs more assets to get back on their feet economically." That change by the Judge in the initial 50/50 net equity entitlement is called "reapportionment."
As a general rule Judges don't dole out specific assets to particular parties, they follow the formula set out above.
What do "custody" "physical custody""guardianship"and "access" mean?
Custody or Sole Custody. For purposes other than child support and the Child Support Guidelines, custody or sole custody means the right to make decisions about a child. These decisions may include choice of school, doctor, dentist, daycare, after school programs etc. Parents with sole custody make these decisions. If a parent with sole custody wants to move away from the non custodial parent, this is a material change in circumstance which may open the question of custody again.
Joint custody. Parties sharing joint custody of children must share this decision making power or apply to the Court to settle disagreements.
Physical Custody is a term used by the Child Support Guidelines which refers to the time that a child is actually residing with a parent. It is used to calculate child support payable. A child must be in the physical custody of (actually residing with) a parent more than 60% of the time for the regular Child Support Guideline amount to be payable to that parent.
Guardianship means the right to receive information about the child from the person with custody and third parties and the right to make suggestions with regards to the child's upbringing. In general, however, the custodial parent has the last word in the actual decision making.
Access is a concept that is usually used with respect to "custody" above. Access refers to the time that the child resides with or visits the noncustodial parent.
Remember: Interfering with de facto (actual) custody may be a criminal offence whether there is a court order or not.
Police are more likely to step in to enforce custodial rights than access rights.
Enforcing custody and access in Provincial Court may require different procedures.
Why do mothers always get custody of children when a relationship breaks down.
This is a widely held misconception. When men actually ask the court for custody they get it about as frequently as women do. In British Columbia there is now a general trend toward "joint custody".
Should I let my ex take the kids to Disneyland?
Before permitting the other parent to remove your children from British Columbia seek legal advice. Once the child is out of the jurisdiction of BC Courts it may be very difficult, expensive or impossible to get them back. Most border agents require court orders for custody, identification for the children, and the written and notarized permission of all guardians before letting a child into the country.
If you have concerns about the likelihood of your ex bringing the child back to BC, do whatever your divorce lawyer advises you including saying no or asking that they post security for your legal costs to get the children back, before they leave.
My girl friend might be pregnant. How much child support will I have to pay?
The first question to answer is "who is the biological father." If you are not in a stepparent role, or married to the mother, and you are not the biological father of the child, you have no rights or obligations with regards to the child.
This question can be answered relatively easily with DNA testing after the child is born.
Once the issue of paternity has been resolved, the issue of amount of child support payable has been made easier to answer by the Child Support Guidelines which have been in force since April 1997. See the Federal Government Link at the Links Tab of the Home page. They have a link to their information on the child support guidelines.
If you are the biological parent of the child, and you reside with the child less than 40% of the time, you must pay the parent with physical custody (the parent who resides with the child more than 40% of the time) the guideline amount of child support (other amounts apply in other situations such as step parent, split parenting and shared parenting).
Basic Amount: Look up Line 150 from your last tax return, look up that amount in the child support guideline table for the number of children in question, and you will have a starting point.
Special and Extraordinary Expenses: In additon to the basic child support table amount, you may have to pay your share of "special and extraordinary expenses." Daycare and other childcare expenses that allow a parent to work are almost always classified as "special" expenses to which you must also contribute.
Tip: Remember, you only have to contribute to the "net" expenses. For example, if the other parent receives subsidies and tax deductions for daycare so that she has no net expense, neither do you.
How do I calculate how much child support I should pay.
As a starting point, you have to support all children to whom you are legally a parent or stepparent. If you are separated from the parent who has the children in their physical care and custody you have to pay that parent "child support". The starting point for basic child support is found in the "Child Support Guideline Table" which you will find at
http://canada.justice.gc.ca/en/ps/sup/steps/int8stps.html
Step one: Look up your total annual income at line 150 of your last Canadian income tax return (you must file a return every year)
Step two: Consider the number of children to whom you are legally a parent.
Step three: Look up the amount of basic child support you must pay in the Child Support Guideline table for your amount of total income for the number of children you have. That is your basic child support obligation.
You may also have to contribute your proportionate share of special and extraordinary expenses such as net daycare costs and other expenses.
The amount and duration that you have to pay spousal support varies widely but it is based on such factors as the length of the marriage, the needs of each party and the means of each party and whether anyone was prejudiced in some way by the marriage or the marriage breakdown. A good starting point is to add up the net family income and then divide it 50/50. The party with more income may ending up paying the party with less income to help lessen the difference between them.
The duration of support may reflect the duration of the marriage itself: support may be ordered to be paid for longer periods, or indefinitely, for longer marriages.
Couples living together in a spousal relationship (not as roommates, friends or siblings) are considered spouses after two years for the purpose of their obligation and rights to pay and receive spousal support or alimony. However, the legal concept of "division of family assets" only applies to couples who are legally married to each other.
Common law couples, and people in other kinds of relationships may however, make other claims against each other's assets.
In general, in BC, if you win at Court the losing party will have to pay you for some of your legal expenses of the hearing or of the case. This is to discourage people from taking unreasonable positions and going to Court with them. Only in rare circumstances however will the amount of costs that the loser is ordered to pay the winner approach the actual amount of legal costs of the winner. Typically the winner will receive about 1/4 to 1/3 of what they actually spent to win, from the loser. Collecting this money from the loser is a whole problem in itself.
Your wife is incorrect in her understanding of how family assets are assessed and divided (see below) You or divorce your lawyer can obtain an "Order restraining disposition of family assets" (if you are married) to prevent the sale of the Mercedes. This is one of those rare situations where the Court must grant your request. You can also ask for injunctions preventing the sale and preserving property.
Common law couples are only entitled to apply for the injunctions.
The parties are free to agree on any date they like as a valuation date.
If the parties cannot agree the date of trial is the valuation date unless the item has already been sold. In that case the date of sale is the valuation date.
You can appeal a Provincial Court Order in Supreme Court.
However, you cannot start a fresh proceeding in a different Court which has the same jurisdiction to grant family law Orders as the Court that made the Orders you didn't like, so that you can get Orders you like better. If you could there would be two competing Court actions at two different Court levels.
Court systems at all levels try and show each other's proceedings, processes and Court Orders respect. If one Court system makes an Order in a case between two parties other Courts will decline to make a competing Orders or to vary that Order. This also avoids the obvious confusion of competing Orders on the same issues such as custody etc. in different Court systems and the added expense of trying to litigate in two different Court systems at the same time.
For this reason, married couples should usually start their proceedings in Supreme Court to begin with because if either party doesn't like what the Provincial Court decides, they can start a Divorce Proceeding in Supreme Court and start the litigation all over again from scratch.
Even if one party starts a Divorce proceeding in Supreme Court, a Supreme Court judge has no jurisdiction to "vary" an existing Provincial Court Order. There must be a whole new Divorce Act proceeding started in Supreme Court in Order for there to be new Orders for custody, child support, spousal support, etc under the Divorce Act of Canada.
Confused? Just remember you can't "shop around" for a new Court Order in a different Court unless you are a married spouse starting a Divorce Act proceeding in Supreme Court, then you may start all over again from scratch and obtain new Orders for everything under the Divorce Act.
