Overturning a Court Order Explained
A court order is a final decision made by a judge or jury, with regards to particular legal issues. These orders can either be a temporary or final order. However, sometimes a person may want to revoke, change, or overturn their court order. There are several reasons why an individual would choose to overturn or change their court order. These reasons include the following situations:
- A medical emergency, eg. immediate hospitalization
- A change in living conditions, ie moving to a new city
- Changes in a daily schedule such as a new job, which requires a shift in the daily routine of the person or people involved.
- One of the parties has not been complying with the rules of the original court order.
Alternate Dispute Resolutions
In many cases, going to court to change one's order should be the last resort, as these are permanent and binding in nature. In addition, before going to court, the two opposing parties should decide whether or not this is a minor issue, which could be resolved amicably, instead of wasting the time of the court. However, if some matters cannot be resolved without the interference of legal help, then there are other resources, known as alternate dispute resolutions, that a person, a group of people, or parties can employ to help with their issue. These resolutions include:
- Mediation: Also known as felicitation, mediation is a process by which two opposing sides or parties meet face to face in the presence of a third, neutral person, known as a mediator. The job of the mediator is to ensure that both the opposing parties come to a conclusion which is welcoming and wanted to everyone, without any party or person feeling like they have been short-changed or otherwise have not received all the benefits they should have been entitled to. A mediator is only there to ensure that the situation does not spiral out of control. They do not force anyone to make decisions, nor do they force a resolution onto anyone.
- Arbitration: In this scenario, the two opposing individuals or parties meet under the presence of a lawyer or a person who has special law training and try to work out all the issues that they have. The arbitrator can be a part of the discussions, if so required, and can give their input on the situation as well. This is done to ensure that the two parties work well according to the legal boundaries assigned to them. In addition to this, if the two parties have not been able to reach any sort of amicable conclusion, it becomes the job of the arbitrator to reach a conclusion, respecting both the order of the court and the wants and demands of the opposing parties or individuals in question.
- Collaboration: In this method of resolution, both the opposing parties have a lawyer present with them, who help them to solve their conflict of interest in a civil manner, without going to court. This process is long and requires many meetings before a conclusion is reached or decided upon. It is the job of the lawyers to advise their clients on what should be the best way to handle these issues. In addition, the lawyers should also work in tandem to ensure that their clients reach a fast and friendly conclusion.
However, if the above methods do not work, individuals can always move to court with a Motion to Change a court order. However, for this to successfully work they have to ensure that they bring sufficient material evidence to show that their circumstances have changed and that they cannot physically follow the orders of the court anymore.