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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 12-09-2016, 01:21 PM
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Default disputer about which motion to be heard and 14 C form

Judge scheduled us for two motions to be heard next Tuesday, one from our (respondent’s) side and the other one from opponent’s side. Temporary order from case conference of the judge reads as two motion to be heard. Other side field affidavit on OCL. We filed back affidavit in response to theirs and in support of our motion. Now, opponent’s lawyer entered into correspondence with me and told me that judge only meant one motion to be heard, theirs…Therefore they are not replying to our affidavit. I told her I disagree and judge’s order reads differently and what I heard also sounded differently.
Today opponent’s lawyer filed in court form 14 C and stated on that form that only one motion to be heard, OCL motion (theirs). I went through form, it has point 4-7 and one of these points mentions that statement in point 3 is made upon agreement of both sides. Statement 3 is that only one motion to be heard. So, literally the lawyer filed the form as if both sides agreed to that only one motion. But this is not true. What do I do now to oppose it? We have oneday before Tuesday court motion. Just bring to court our correspondence which shows that we opposed itand not agreed on it?
Also, wouldn’t judge get mad that other lawyer misinterprets her decisions/ Can she proceed with our motion even though they did not file response to our affidavit? If initially judge indeed meant two motions, would our motion proceed no matter what?
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Old 12-09-2016, 01:39 PM
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Judge scheduled us for two motions to be heard next Tuesday, one from our (respondent’s) side and the other one from opponent’s side. Temporary order from case conference of the judge reads as two motion to be heard. Other side field affidavit on OCL. We filed back affidavit in response to theirs and in support of our motion. Now, opponent’s lawyer entered into correspondence with me and told me that judge only meant one motion to be heard, theirs…Therefore they are not replying to our affidavit. I told her I disagree and judge’s order reads differently and what I heard also sounded differently.
Today opponent’s lawyer filed in court form 14 C and stated on that form that only one motion to be heard, OCL motion (theirs). I went through form, it has point 4-7 and one of these points mentions that statement in point 3 is made upon agreement of both sides. Statement 3 is that only one motion to be heard. So, literally the lawyer filed the form as if both sides agreed to that only one motion. But this is not true. What do I do now to oppose it? We have oneday before Tuesday court motion. Just bring to court our correspondence which shows that we opposed itand not agreed on it?
Also, wouldn’t judge get mad that other lawyer misinterprets her decisions/ Can she proceed with our motion even though they did not file response to our affidavit? If initially judge indeed meant two motions, would our motion proceed no matter what?
Have you confirmed your motion at least 2 days before it is heard? If not, it won't be on the docket list.

Have you filed a response to the motion?

I have been in the situation of not confirming the motion - you have two options.

Their motion is likely confirmed. Attend and state your side to the lawyer - be calm and friendly. If they disagree - wait till you are called. Let the lawyer state her side then tell your side

your honour there is some confusion, it was my understanding that both motions are to be heard to day, I am opposing their motion as (State your reasons why) and mention any documents you have as proof.

The judge will either allow your motion to be heard or dissmiss it with or without costs - depends on your attitude, the judges mood, and how much the judge likes or dislikes you or likes and dislikes opposing lawyer and whether a costs order is appropriate given the circumstances. Or, the judge will entertain to hear both motions. Opposing lawyer may ask to have time to respond to your motion as well.

I would suggest that you confirm your motion - fill out and print the confirmation and fax it to your courthouse from a UPS or STAPLES store and save the fax confirmation and take it with you to the court.

which part of their motion of the OCL are you opposing anyhow? Also keep in mind an OCL order is on the judges discretion.

and what order are you seeking in your motion with an OCL investigation on the way (if the judge orders that) ?

keep in mind cost consequences of losing the motion if you oppose and don't allow it to go on consent.

If it does get to the point of losing and they decide to order costs against you, ask to have it reserved for determination by final trial judge.

Last edited by trinton; 12-09-2016 at 01:42 PM.
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Old 12-09-2016, 01:46 PM
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Hi Trinton,

I filed affidavit in support of my motion and filed notice of motion form as well. All done on time. As I said, draft or temporary court order from judge states two motions to be heard: OCL form their side and Financial disclosure from our side. I just wonder if I need somehow to oppose their 14 C form somehow in written form. Their form says one motion to be heard.
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Old 12-09-2016, 01:56 PM
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Hi Trinton,

I filed affidavit in support of my motion and filed notice of motion form as well. All done on time. As I said, draft or temporary court order from judge states two motions to be heard: OCL form their side and Financial disclosure from our side. I just wonder if I need somehow to oppose their 14 C form somehow in written form. Their form says one motion to be heard.
I'm going to ask you again, Have you confirmed YOUR motion? Have you filed a Confirmation form, confirming that your motion will be heard that day. If you confirm, then it will be listed to be heard.

They are just asking for only the OCL motion to be heard and not yours on that day. Which may happen if you haven't confirmed your motion. I'm going to ask you again, why are you opposing the OCL motion? Is that something you think that you will win?

You could attend and say, I'm agreeable to allowing the OCL motion to go on consent but would ask that my financial disclosure motion be heard today - the judge may make an order right there and then for financial disclosure as a procedural order.

Last edited by trinton; 12-09-2016 at 01:59 PM.
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Old 12-09-2016, 02:13 PM
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Hi Trinton, lawyer is guiding me although I am self-represented. I trusted her, therefore filed without make a research myself. I know I filed 14 (notice of motion) and 14a Affidavit and affidavit of service. Today my lawyer is not going back to me. So, I am nervous, what if I need to file confirmation today as you say. When you say if I confirmed my motion, is it only through 14 c form that I can confirm it? Or it could have been done in 14 notice of motion? I remember my 14 notice of motion form mentioned which motions are planned to be discussed. procedurally, how it could be confirmed? Is there only one specific form? I filed my materials yesterday in court. I don't think my lawyer would not mention anything I need to do other than that. I might assume in those doc we have confir4med my motion.

regarding your question, I don't want OCL involved but I am ok to argue it, but I also want my motion to be argued.
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Old 12-09-2016, 02:15 PM
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I think I am ok. my lawyer just emailed that she filed a form on my behalf)
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Old 12-09-2016, 04:22 PM
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I think I am ok. my lawyer just emailed that she filed a form on my behalf)
if you have a lawyer then why don't you pay her to represent you, she shouldn't be there for more than an hour but it will be well worth it - would you rather a lawyer be there for you or would you rather be ordered to pay for the other lawyer's time if they get costs against you?

How do you plan on not getting the OCL involved? If you attend there all anxious and sketechy in anxiety and scared not wanting to get the OCL involved chances are they will get involved.

The only way they won't get involved is if the judge think's its inappropriate, even if both parties consent to get the OCL involve the judge get's final say, and even if the judge orders them to get involved they may not accept the case

good luck and let us know how it goes, I wouldn't oppose the OCL motion, the decision is up to the judge, don't oppose it and see what the Judge says. The judge might have some questions for them. Do push for financial disclosure.
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Old 12-12-2016, 07:39 AM
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I will have my lawyer attending the motion. I think OCL is inappropriate. We will see what judge says, will update here on her decision.
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Old 12-12-2016, 12:42 PM
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I will have my lawyer attending the motion. I think OCL is inappropriate. We will see what judge says, will update here on her decision.
Yea ... she wants to rip the kid away from his community, sports, friends, school, family and father .. and move to different country with her new rich boyfriend in the states.

I wouldn't want OCL either.
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Old 12-12-2016, 05:36 PM
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Yea ... she wants to rip the kid away from his community, sports, friends, school, family and father .. and move to different country with her new rich boyfriend in the states.

I wouldn't want OCL either.

To the states .. ah .. I remember the history of this proceeding .. I think OCL is very appropriate to get involved in these circumstances. The child needs an advocate.

Last edited by trinton; 12-12-2016 at 05:39 PM.
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