I do not think it is in my child’s best interest to see my ex-spouse, but there is a court order. What do I do?

When a judge makes an order, the order is mandatory for the parties involved. Judges' orders have to be followed by the parties to whom they are directed, regardless of one’s personal feelings and beliefs regarding the situation. The only option that one has, with regard to stopping the order, is to get the court order reversed.

In order to get the court order reversed, you are required to seek either an appeal of the order, or to vary the order, within the prescribed timelines.

Whether or not the court will accept the appeal, and therefore whether the order is varied, depends on whether or not you have, as seen by the court, a valid reason to want the order to be reversed. You ought to provide evidence in order to further prove the validity of your position.

In the mean time, however, the parameters and requirements that are outlined by the court order must be followed. Not following the order would put both you and your children are in contempt of the order. Being in contempt of the order may actually, in the long run, work against you when you apply for the appeal.

If there is a concern with respect to the safety of the children, an emergency appearance ought to be brought before a judge and this information and evidence should be put before the court immediately and without delay.

For more information on varying court orders, contact Krol & Krol at 905.707.3370.