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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 06-08-2009, 08:20 PM
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Default Change of Representation - Signature of BOTH parties?

I have a question regarding changing representation.

My stepson's mom recently informed us that she will be self-representing at our upcoming conference, and that we should forward all the paperwork we would normally send to her lawyer to her instead.

We informed her that my husband is requried by law to serve the paperwork on her lawyer, unless he is first served with a Notice in Change of Representation (Form 4).

She claims that her lawyer told her that there are documents that my husband must sign in order for her to serve him and file her intent to self-represent.

We directed her to the Family Law Rules where it clearly states that all a party needs to do is serve and file Form 4 (which only includes their intent to self-represent or retain new counsel, their signature and date - no need for information from the other party) and that there is no need for my husband to sign anything for her to be able to dismiss her lawyer and represent herself.

She claims that he lawyer told her otherwise.

Any idea what this lawyer could have told her? Or what document she is asking my husband to sign?

(We used Form 4 when we chose to self-represent, and felt we went about it the correct way, as we were informed to do by the Court.)
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Old 06-08-2009, 10:33 PM
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My ex did the same thing. She needs to sign and have the form filed and send you lawer a copy. That's all. You don't have to sign anything.
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Old 06-08-2009, 11:00 PM
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Is she now pulling a delay tactic?
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Old 06-09-2009, 08:42 AM
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Quote:
Originally Posted by frustrated11 View Post
Is she now pulling a delay tactic?
I sure hope not, because we really don't have time or patience to play these games... again!

She claims that her lawyer stamped Form 4 with "Service of a true copy is hereby admitted this ____ day of _______, 2009" and told her that the party being served needs to date it and sign it before she can file it with the court. What that's all about I do not know.
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Old 06-09-2009, 02:13 PM
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You're right. She's wrong.

Your participation involves waiting for your change of representation to arrive and nothing more.
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Old 06-09-2009, 02:37 PM
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Quote:
Originally Posted by Suchislife View Post
You're right. She's wrong. Your participation involves waiting for your change of representation to arrive and nothing more.
I agree, but she still claims that my husband needs to sign Form 4 too and send it back to her. Whatever, whenever we receive it, he'll sign it and send her a copy. As long as we have a copy of our own, we don't care what she does with her signed copy.

Personally, I think this signature thing is the lawyer's tactic to bypass having to fill out and file an Affidavit of Service. As in "this signature proves they received it, so I now I don't have to file Form 6B."

Right now, she's all in a huff about how and when she'll serve my husband with the paperwork, trying to get us to change our schedule to accommodate a meeting with her to receive the paper. Uh.... sorry, but that is not how it works!
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Old 06-09-2009, 08:10 PM
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she has to come to you to serve it. You should pick up your step-son for the next little while so sthat she can see how time consuming it is to cross the city
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Old 06-09-2009, 08:52 PM
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Does her cheating and admitting it give me any sort of advantage when it comes to dividing the assets. There was no violence, or emotional abuse on my part. She just lost control of herself and 'flicked the switch'. We have a business together and she also works full time as a manager but I'm off work, on EI and going to college in the fall and would like her to ante up some funds to offset my costs. She has the house, the boat,the truck, the business, etc. She initially agreed to pay me something but has since denied it. Where do I stand on this issue?
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Old 06-10-2009, 08:49 AM
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Dave... mixed up the threads maybe? ;-)

Quote:
Originally Posted by frustrated11 View Post
she has to come to you to serve it. You should pick up your step-son for the next little while so sthat she can see how time consuming it is to cross the city
Well Frustrated, she is not too happy about me picking the child up - even though it specifies in the court order that if my husband cannot do it, he can rely on me to do so in his place - and is claiming that the provision allowing him to rely on someone else to pick up and drop off the child is only "in case of emergency" and not on a regular basis. *roll eyes*

It would be nice, wouldn't it, for her to drive, even ONCE! My stepson is 7 years old and his mom has NEVER shared in any of the transportation to and from access and vacation visits. It is 90km from door-to-door, over 1 hour of driving without traffic. I sit in 2.5 hours of traffic to pick up my stepson on Fridays, one-way! And what bothers me most is that we have asked 3 judges for shared transportation, and all of them declined because: (1) the mom wasn't working so it would be unfair for her to incur transportation costs, despite her moving 25km further away; (2) we were the ones that moved further away (for more affordable housing and closer proximity to work, but that didn't seem to matter); and (3) we've been doing all the driving for the past 7 years, so that is the status quo! WTF?!

Right now, she is considering faxing or mailing the documents... that's how much she doesn't want to experience what we go through on a regular basis. She even said it was "too far" and "too expensive" to drive to our home! GRRR!
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