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I have applied, as a grandmother, to have contact with my two grandchildren. The court Ordered family counseling for my daughter and I and the two girls. The court also Ordered that the girls have their own lawyer for the sole purpose to see what they would like to do and also if their is coercision/manipulation by the mother/step father. The Lawyer for the girls has insisted that they have individual counseling rather than the family counseling as Ordered by the Court. The Psychologist will only act as per the Court Order. The lawyer says that she is able to change the current Order, telling me that it is an "interim Order". My question is: Can she change the current Order that is in place, or do we have to go back to court to see if the Judge wants to change the Order?
016 months ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
You will need to consult a lawyer to get legal advice specific to your situation. However, in general, parties would need to return to court to vary any order. The one seeking the variation would have to demonstrate that there was a material change in circumstances since the last order was granted that necessitates a change be made to the order or an entirely new order be granted. In the meantime, everyone involved has to obey the current court order.
As an aside, individual or family counselling is not an either/or proposition. Everyone could choose to engage in individual counselling to be better prepared to participate in the family group counselling and to deal with the emotions that arise from the group meetings.
215 months ago
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