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

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Old 11-01-2016, 03:20 PM
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Default basket motion

who;s done one before?

I need to know what needs to be done and how to prepare one and file it if the other parties lawyer agrees, it is to amend certain clauses of an interim order on consent (if they agree)
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Old 11-04-2016, 09:10 AM
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This is where a lawyer could help you big time.
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Old 11-04-2016, 06:43 PM
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Big Time. I better make up mind and decide which lawyer I'm going to hire.


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Old 11-06-2016, 03:19 PM
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Quote:
I need to know what needs to be done and how to prepare one and file it if the other parties lawyer agrees, it is to amend certain clauses of an interim order on consent
Form 14B - Notice of Motion (noting the matter is on consent of all parties)
Form 14A - Affidavit (general). You will include as an exhibit the draft order which has been approved as to form and content by the other side.

If you are in a rush: Go to a procedural motion (or short motion) to have it signed off by a judge, some basket motions can take weeks or longer to come back.

If you are not sure what to do, go to your local FLIC (Family Law Information Centre) at the court house, explain what you want the new Order to say / how the previous order is being amended, and bring your draft. After they check it out you can then provide it to the other side for their consent.

While you are there, you can also ask if the above listed procedure is how it is done locally. In some jurisdictions, if you put in a draft Order that has been approved it will come back signed; in others, you need the basket motion and affidavit with the level of complexity of the affidavit varying.
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