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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 04-29-2012, 08:00 PM
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Default Continuing Record and Table of Contents

Who is responsible for maintaining the continuing record and table of contents? We are self representing and are unsure if the court keeps this up-to-date or if we need to be. We have separate records.

Also, when we were served with an Answer to our Application, we were also served with a new Motion to Change. With the motion and the Answer, were copies of the ex's Continuing Record and TOC. Do we have to include ours in our service?
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Old 04-29-2012, 08:17 PM
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Originally Posted by informedmom View Post
Who is responsible for maintaining the continuing record and table of contents? We are self representing and are unsure if the court keeps this up-to-date or if we need to be. We have separate records.

Also, when we were served with an Answer to our Application, we were also served with a new Motion to Change. With the motion and the Answer, were copies of the ex's Continuing Record and TOC. Do we have to include ours in our service?
You have to identify what tabs you are putting the stuff into in the continuing record to the other party. It should be part of the notice of service. You are going to have to work with the other party and the court on identifying the next tab numbers.

If you are both (guessing here) self represented why not just go to mediation instead?

Good Luck!
Tayken
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Old 04-29-2012, 08:25 PM
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We filed a Form 8 and the court created a Continuing Record and Table of Contents. We do not have a copy of these.

At the First Appearance, the senior clerk suggested that the process be merged as the ex was going to file a motion to change. The intent was to merge so that the Case Conference could deal with both the Application (ours)and the Motion to Change (the ex).

We were served her Motion to Change and Answer as well as a Continuing Record and TOC that do not indicate our original Form 8 Application.

We now have to serve her our Reply and in review of the Family Law Rules are unsure as to how we update our Continuing Record and how we serve it. Our plan is to have our Financial Statement sworn at the court, fax our reply, and then go back to court to file the documents. Do we update our Continuing Record at this point or prior to service? Should we be in ownership of the continuing record?

Unfortunately, there will be no mediation. The ex has a lawyer and is going for sole custody.
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Old 04-29-2012, 08:30 PM
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Originally Posted by informedmom View Post
We filed a Form 8 and the court created a Continuing Record and Table of Contents. We do not have a copy of these.

At the First Appearance, the senior clerk suggested that the process be merged as the ex was going to file a motion to change. The intent was to merge so that the Case Conference could deal with both the Application (ours)and the Motion to Change (the ex).

We were served her Motion to Change and Answer as well as a Continuing Record and TOC that do not indicate our original Form 8 Application.

We now have to serve her our Reply and in review of the Family Law Rules are unsure as to how we update our Continuing Record and how we serve it. Our plan is to have our Financial Statement sworn at the court, fax our reply, and then go back to court to file the documents. Do we update our Continuing Record at this point or prior to service? Should we be in ownership of the continuing record?

Unfortunately, there will be no mediation. The ex has a lawyer and is going for sole custody.
If you are going to a "case conference" you just need to file briefs. Especially if it is your first conference appearance.

If you give me an understanding of the hearings already heard before the court I can break down how the continuing record should be laid out. Conference materials are not filed into the Continuing Record unless the CC judges makes that determination.

The only time you really use a Continuing Record is when you have a "motion" on a matter. Then the notice of motion, affidavits and responses go in there.

A judge more than likely will NOT read affidavit materials for a CC unless there is a compelling reason to. They want a 8 page (maximum!) ***BRIEF**** on the substantial issues and technical issues they can address.

Don't do what some miss guided litigants who even have solicitors do... File a 38 page + ***BRIEF****. You will just enrage the judge.

Good Luck!
Tayken
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Old 05-01-2012, 06:41 PM
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http://www.ontariocourtforms.on.ca/f...ov1406_ODA.pdf
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