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Old 04-03-2013, 10:21 PM
involveddad75 involveddad75 is offline
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With regard to changing your pleadings before trial. You can't do this trick if you have a lawyer, or if you are completely changing your pleadings.
For instance you can just before trial add property issues to be dealt with at trial if you haven't already claimed that issue.
You can right before trial file a updated 35.1 (affdiavit in support of access and custody) and in there change from asking for joint to asking for sole, or vis versa

Then when you start trial, simply go in and before anything starts stand up and ask to speak, state that you tried to have your pleadings changed before but weren't able to. You would like permission to change them now, and you don't believe their would be any costs associated with the change since it is only changing your position with regard to an existing issue.
If you judge accepts your golden, if the judge refuses, simply say
"Thank you, your honor I would like it to be on the record that I requested that I be able to change my position on an existing issue. before trial."
Thank you your honor.

While at trial, always protect the record. If you argue with the judge and they don't agree, simply state I would like that on the record that I requested xxxx

Remember if your self represented, they can't give you advice but they have to give you a little move because you are not trained as a lawyer.

At all times frame things as to how it reflects the best interests of the child and if it is procedural frame it around the prime directive.
Again from the family law rules.

PRIMARY OBJECTIVE
(2) The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).

DEALING WITH CASES JUSTLY
(3) Dealing with a case justly includes,
(a) ensuring that the procedure is fair to all parties;
(b) saving expense and time;
(c) dealing with the case in ways that are appropriate to its importance and complexity; and
(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases. O. Reg. 114/99, r. 2 (3).

DUTY TO PROMOTE PRIMARY OBJECTIVE
(4) The court is required to apply these rules to promote the primary objective, and parties and their lawyers are required to help the court to promote the primary objective. O. Reg. 114/99,
r. 2 (4).

DUTY TO MANAGE CASES
(5) The court shall promote the primary objective by active management of cases, which includes,
(a) at an early stage, identifying the issues, and separating and disposing of those that do not need full investigation and trial;
(b) encouraging and facilitating use of alternatives to the court process;
(c) helping the parties to settle all or part of the case;
(d) setting timetables or otherwise controlling the progress of the case;
(e) considering whether the likely benefits of taking a step justify the cost;
(f) dealing with as many aspects of the case as possible on the same occasion; and
(g) if appropriate, dealing with the case without parties and their lawyers needing to come to court, on the basis of written documents or by holding a telephone or video conference. O. Reg. 114/99, r. 2 (5).

You can get away with some stuff if you refer to the prime directive.
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