View Single Post
  #4 (permalink)  
Old 10-28-2009, 06:37 PM
#1StepMom #1StepMom is offline
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 885
#1StepMom is on a distinguished road
Default

At his first appearance he will see a Clerk and not a Judge, correct?
Correct.

And that the Clerk checks to make sure everything is filed properly?
Correct. And the Clerk sets a Case Conference date.

If both of the parties haven't filed the required financial disclosure, or other papers what happens?
They are ordered to file the paperwork within the time frames outlined for Case Conferences. (Usually a week before the conference.)

Does he have to qualify for Legal Aid to speak to Duty Counsel?
No. He MUST speak with Duty Counsel if he's self-representing. If he qualifies for Legal Aid, Duty Counsel may representing. Otherwise, Duty Counsel can advise him on what to do.

Can he ask for an Interim Order for Access at the First Appearance, or does he have to wait until after the Case Conference?
He can request one... it certainly won't hurt. But since the First Appearance is not in front of a Judge, he may not get one until the Case Conference (which is usually a month or two after the First Appearance).

Can she ask for an Interim Order for CS? Or does she have to wait? He's been mailing her cheques so far to have a record of his payments.
She can if she wants... but once again, it's the Clerk - not a judge - so you never know whether the request will be granted or not.

Can both of the parties agree to a partial settlement? And if they do, does he draft it onto a Form 25 - General Order (Temporary)?

Can he give her an offer to settle at this stage?

I would advise him to wait until after the Case Conference. But he should check with someone from the FLIC (Family Law Info Clinic) to see what his options are.

Or does absolutely nothing happen until the Case Conference?
Very rarely does something happen before a Case Conference. But givent he severity of the situation, I advise him to speak with a lawyer at FLIC, who will be able to answer his questions and guide him in the right direction.


Hope this helps! :-)

And if your friend asks.... this info comes from the wife of an amazing Father who has been screwed by the courts time and time again. (Sad, but true.)