TING v TING, 2024 ABKB 25
HARRIS J
9.14: Further or other order after judgment or order entered
Case Summary
The Court previously granted a mobility Order allowing a mother to relocate a child to South Carolina (the “Mobility Order”). The parties appeared before the Court to clarify the terms of the Mobility Order and submitted questions about its interpretation.
The Court noted that, once an Order is entered or is otherwise perfected, the Court is generally functus and may not set aside or alter the Order. In other words, the Court has no jurisdiction to revise that Order even if there is a change in circumstances. However, Rule 9.14 provides an exception that allows the Court to make a further or other Order to give effect to the original Order.
As a result, the Court answered each of the questions the parties raised about the terms of the Mobility Order and directed the parties to prepare an Order reflecting those answers.
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