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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 07-19-2012, 10:21 PM
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Well, we had our Case Conference today.

All things considered it went well. The Honorable Justice was grumpy and had very little patience for answers that were longer then a few words. I think he soon realized a settlement was not even remotely possible.

The opposing party alleged that they had only just found out about the Case Conference the day before despite being provided a Notice of Case Conference a month ago and being served my case conference brief eight days ago. I did not receive any materials from the opposing party.

I requested permission to proceed with a motion which was granted and also requested timelines for filing materials. The Judge agreed to provide an endorsement with clear filing deadlines and responding deadlines and scheduled a motion date, which ensures that the matter is not delayed. (Thank you Tayken for sharing that piece of helpful advice).

The motion issue is related to special section seven expenses. According to our final Family court order the parties are supposed to exchange financial information (Notice of Assessments etc) by June 1 annually. I have provided the opposing party with my information but he has refused to provide me his despite several requests.

My question is this: What do you do when the opposing party refuses to provide financial disclosure as per court order?

Last edited by Nadia; 07-19-2012 at 10:26 PM.
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Old 07-20-2012, 08:49 AM
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Originally Posted by Nadia View Post
Well, we had our Case Conference today.

All things considered it went well. The Honorable Justice was grumpy and had very little patience for answers that were longer then a few words. I think he soon realized a settlement was not even remotely possible.

The opposing party alleged that they had only just found out about the Case Conference the day before despite being provided a Notice of Case Conference a month ago and being served my case conference brief eight days ago. I did not receive any materials from the opposing party.
This complaint will repeat more than likely in their affidavit materials. Just simply attach the notice of service (shipping details) and a copy of the materials that were served on the other party. Hopefully you have been sending everything courier and/or R3 and kept those shipping and tracking details.

It is a really poor argument to present before the court if a service provider or courier delivered the materials and the signature is present. You had every reasonable expectation that they got the materials.

Attach any other correspondence regarding it and include any response if you got one regarding the matter as well. Time line it and attach each correspondence as a different schedule of evidence attached to the affidavit.

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Originally Posted by Nadia View Post
I requested permission to proceed with a motion which was granted and also requested timelines for filing materials. The Judge agreed to provide an endorsement with clear filing deadlines and responding deadlines and scheduled a motion date, which ensures that the matter is not delayed. (Thank you Tayken for sharing that piece of helpful advice).
Was the motion made "preemptive on both parties"? That is ultimately the best way on motion to at minimum contain the argument to the relevant matter. But, if there are clear deadlines for filing that is a great thing to have. No excuses as stated above in your correspondence.

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Originally Posted by Nadia View Post
The motion issue is related to special section seven expenses. According to our final Family court order the parties are supposed to exchange financial information (Notice of Assessments etc) by June 1 annually. I have provided the opposing party with my information but he has refused to provide me his despite several requests.

My question is this: What do you do when the opposing party refuses to provide financial disclosure as per court order?
You have an upcoming motion. You have to provide a notice of motion you can request full and frank financial disclosure on the motion. Then in your affidavit materials outline the specific clause stating this, attach the agreement as a schedule and simply request that an order for disclosure be made in accordance with the agreement. Also, outline for what years the disclosure has not been made in your affidavit.

Are you self represented/unrepresented?

Good Luck!
Tayken
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Old 07-20-2012, 10:59 AM
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The Conference Brief was delivered by Registered Mail and I have a tracking number. I have a print out from Canada Day Post confirming that the package was delivered and signed for. So really no grounds to claim he never received it.

In any case, he has been informed of the motion date for next month and clear deadline on when he needs to serve and file by. He did stand up and complain about this disrupting his long weekend but he has been provided with two clear weeks to respond to my materials. So really, no excuse for not being prepared or submitting his response in a timely fashion.

Yes, self represented but not by choice.
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Old 07-20-2012, 11:43 AM
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self represented but not by choice.
There is an excellent sticky on how to obtain a legal aid certificate in this forum or how to access the lawyer referral service.

If you do not qualify for legal aid, consider JusticeNet - JusticeNet :: Who Qualifies
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Old 07-21-2012, 12:21 AM
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Yes, self represented but not by choice.
Better to refer to yourself as "unrepresented" on your court file. You are not represented not because you don't want a lawyer but, because you don't have the funds to retain one to assist in the matter.
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Old 07-21-2012, 01:05 PM
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Nadia you are an incredibly bright woman. I have no doubt you have your ducks in order and wish you every success. Good Lord - he actually mentioned that his long wknd was being disrupted? What a ding bat. My ex also claimed to have "not received" documents. It's so easy for ALL to see through their bullshit and "lost boy/dumb" facial expressions. I can't believe the number of litigants who think it's perfectly acceptable to lie their asses off in court and think they're fooling anyone. They fool NO ONE!
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Old 07-21-2012, 07:43 PM
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Thank you for all the information and support everyone.

I am going to give it my best shot. There are no garauntees in Family Court. You can be prepared, file everything on time and follow the rules and believe confidently that you have a good chance. But you just can not assume one will get the decision that one would like. You just have to roll the dice and hope for the best. I think a lot will depend on who the Judge is. If it is someone who is familiar with our case, e.g. trial judge that would be very helpful.

Am I correct in understanding that the Judge who presided over our Case Conference can not hear the motion?
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