Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 03-26-2014, 10:04 AM
Junior Member
 
Join Date: Oct 2012
Posts: 26
sunnyday123 is on a distinguished road
Default appeal after motion order

Hello,
If you don't agree with an order made after a motion (for instance, in spite of all the proof submitted, you are ordered to pay child support for a non-biological child), how can you proceed with an appeal? Do you use the form Notice of Appeal?
Reply With Quote
  #2 (permalink)  
Old 03-26-2014, 11:16 AM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

Quote:
Originally Posted by sunnyday123 View Post
Hello,
If you don't agree with an order made after a motion (for instance, in spite of all the proof submitted, you are ordered to pay child support for a non-biological child), how can you proceed with an appeal? Do you use the form Notice of Appeal?
There has to be an error in LAW for you to appeal....

There is plenty of case law for paying for non-biological children (in loco parentis)
Reply With Quote
  #3 (permalink)  
Old 03-26-2014, 11:22 AM
Junior Member
 
Join Date: Oct 2012
Posts: 26
sunnyday123 is on a distinguished road
Default

Hello, I know there has to be en error in law. Regarding CS for non-biological children, I have read this very good overview of different cases: http://www.rslaw.com/wp-content/uplo...Family-Law.pdf There are many instances where it is clear from the proof submitted I was not a parent to this child; my marriage was short (about 3 years and it's been 3 years know we've been separated). My question is: can "an error in LAW" be also proved based on the different cases quoted in the document above? I think so, but I am not an expert. Thanks.
Reply With Quote
  #4 (permalink)  
Old 03-26-2014, 11:25 AM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

Quote:
Originally Posted by sunnyday123 View Post
Hello, I know there has to be en error in law. Regarding CS for non-biological children, I have read this very good overview of different cases: http://www.rslaw.com/wp-content/uplo...Family-Law.pdf There are many instances where it is clear from the proof submitted I was not a parent to this child; my marriage was short (about 3 years and it's been 3 years know we've been separated). My question is: can "an error in LAW" be also proved based on the different cases quoted in the document above? I think so, but I am not an expert. Thanks.
I'm also no expert but there IS law. You could certainly appeal but I'm not sure how far you'd get.

Most successful appeals would be for an order that there is ZERO case law for.
Reply With Quote
  #5 (permalink)  
Old 03-26-2014, 03:01 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,678
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
I'm also no expert
You should consider retaining a lawyer. You appear to be floundering in the system, and may have either represented yourself poorly or risk doing so at an appeal if an error was made at the motion. Or you may be embarking on an appeal when the option is not available.

Get help; it is cheaper then doing it wrong.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Spousal/Child Support Question Jenny Divorce & Family Law 6 10-01-2013 12:01 AM
FRO Motion and Costs + Final Order (imputed income) vs Actual income sahibjee Financial Issues 18 10-04-2012 09:12 PM
Father's Day Access; Appeal; Stay of Execution singledadoftwogirls Divorce & Family Law 0 05-07-2012 05:07 PM
The Concept: Standard of living gooddadgoingmad Divorce & Family Law 7 02-20-2006 09:59 PM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 02:44 PM


All times are GMT -4. The time now is 05:16 PM.