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Old 10-12-2012, 05:34 PM
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Quote:
Originally Posted by bthom View Post
Determination of urgency conditions for Family Law Motions

<HR style="BACKGROUND-COLOR: #ffffff; COLOR: #ffffff" SIZE=1><!-- / icon and title --><!-- message -->Family Law Rule 14(4) provides that a motion can’t be served or heard before a case conference has been held unless it is a decision of hardship or urgency or in the interests of justice not to require a case conference. Note that an urgent motion is not necessarily synonymous with a motion without justice. Both should be infrequent but the test found Family Law Rule 14 (12) to justify proceeding without notice is very stringent.

Test met: immediate danger of the children’s removal from Ontario, immediate danger to the health and safety of the children, or irreparable harm, or solid evidence of urgency from the children’s perspective; abduction, threats of harm, dire financial circumstances, or financial hardship to the children documented by particulars of their unmet needs.

Test not met: mere fact of being in receipt of social assistance, mere fact of denial of access, anticipatory breach of parenting regime based on "fear" without foundation, issues of timing or convenience personal to, or caused by the moving party, mother's request to move children; alleged urgency is her need to meet her employer's notice requirement, mother's request for child support brought on the basis that father had stalled and delayed for 1.5 years already.
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Quote:
Originally Posted by Tayken View Post
Could you please cite the source of the information provided? (Web-link to the content quoted.)
Justice MacKinnon, Family Law Motions Seeking a Determination of Urgency (directive), [date not referenced]
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