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Old 06-28-2012, 09:34 AM
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Question Filling out Form 20 Request for Information

NCP plans to fill out a Form 20 to request basic info (current whereabouts, education, health etc.) about child from CP, before and to use in, a motion to compel disclosure as per court order, after several letters politely requesting disclosure of said info with no results and disclosure from CP.

Custody and access issues were previously settled out of court, the agreement filed with court and the terms endorsed/incorporated into a court order. Court order states that CP is to provide certain info about the child to NCP.

Question: Can one fill out and serve a Form 20 to another party without first filing a motion or application? If so, what do you fill in for the "Court File number" field and court information fields at the top of the form???
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Old 06-28-2012, 05:52 PM
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Send a letter clearly stating that as per the Final Order you are again seeking disclosure on said information. Indicate that as a result of previous requests with no results that upon this final request you are left with no other althernative but to seek court action since the CP is in direct non-compliance with the Final Order.

Send the letter Registered. Form 20 is the 'cart before the horse'.

good luck
Fam Law
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Old 06-29-2012, 08:06 AM
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Quote:
Originally Posted by Fam Law View Post
Send a letter clearly stating that as per the Final Order you are again seeking disclosure on said information. Indicate that as a result of previous requests with no results that upon this final request you are left with no other althernative but to seek court action since the CP is in direct non-compliance with the Final Order.

Send the letter Registered. Form 20 is the 'cart before the horse'.

good luck
Fam Law
Registered letters already sent. One more to go, and then it's time to start looking at a motion.

So, once there is no response received for this final request via letter:

Quote:
Originally Posted by Exquizique View Post
Question: Can one fill out and serve a Form 20 to another party without first filing a motion or application? If so, what do you fill in for the "Court File number" field and court information fields at the top of the form???
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Old 06-29-2012, 08:26 AM
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In your letter did you mention that you will be seeking court action if there is non-compliance?

Go to the court house get a copy of your Final Order, or if you have one already it will have the file case number on it. Use that one for the Form 20.

And yes you can send a Form 20 without starting a motion. Whether it means anything or not is another matter but it looks legal and perhaps that will be enough to get the attention/response you require. Can't hurt anyway.
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Old 06-29-2012, 09:00 AM
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Quote:
Originally Posted by Fam Law View Post
Send the letter Registered. Form 20 is the 'cart before the horse'.
I don't disagree but, don't entirely agree with this one.

Using a Form 20 is a double edged sword. You can use it to demonstrate you are in agreement with the Rules which govern Family Law and settling these matters. But, it does have a sharp edge in that if the party it is served on doesn't provide the information you will bring matters to court. Generally Rule 20 applies to things before the court but, there isn't any reason you couldn't use it any time.

You can also cover Rule 20 simply stating that the request for disclosure is being made with regard to Rule 20 of the Family Law Rules. That does the same thing as filling out a Form 20.

Good Luck!
Tayken
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Old 06-29-2012, 01:41 PM
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Thank you to both!!

If anyone here has any experience actually having served a Form 20 with some sort of outcome, would love to hear about it.
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Old 07-02-2012, 02:40 PM
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I have served Form 22 (Request to Admit) twice to my ex during this ongoing litigation. Trial is scheduled for July 25th and I am using the Form 22 and Response from RTA as evidence in the Document Brief that I am filing.

I will let you know how that fares.

Regards,
Fam Law
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Old 06-03-2014, 09:11 AM
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I also am seeking disclosure after repeated attempts via letters/e-mail. At the CC and in the judges Endorsement:

An Order will therefore go as follows:

a. The parties shall continue to make production as is required by the rules and the forms on an ongoing and timely basis. They shall also answer all other reasonable and relevant requests for production promptly

b. Leave is granted for questioning of the parties pursuant to Rule 20. Before proceeding with questioning of the parties will seek agreement on the topics covered, the documents to be produced as part of the questioning and the amount of time required. Unless otherwise agreed, questioning is limited to 2 hours for each party.

I've seen daughter 3 hours in almost 4 months. False allegations thrown about. I have no police record, no police were involved when she left or after, a clean drug test (including hair follicle that I will be adding to it). Ex unilaterally removed chid from home while I was at work, filed some kind of report with partner assault, went to a sheler and subsequently a 2 bedroom townhouse and got up with Ontario Works and filed a vicious "answer" to my "reply". I idnt get anything at an Emergency Motion besides an early CC date and an endorsement for each party to come up with an offer for access. Hence my 3 hours supervised per week which really is ridiculous.

All this and no evidence, allegation material or anything has been disclosed. Not even this police report. In fact the CC judge even asked "and there's not even a police report"? The other party stayed silent. I did contact the freedom of information unit and hopefully they can deliver this report as I feel they may not want to disclose it for a reason.

I need to know if she's in a 12 month lease or month to month. I need to know that police report, I need to know what evidence hey have in terms of alcoholism and marijuana use (all hogwash - clean hair follicle will wipe that right out). Perhaps new doctor/dentist, still keeping up with vaccinations, still same pediatrician, address, if she's still on pain killers/antidepressants?
When was the last time she drank or did illegal drugs?
When will Ms. ____ be getting the hair follicle test also?

I don't really know what else to ask but I felt if those goes to trial that the facts should be presented including the fact that she was on pain killers and anitdepressants.

Should he not have to disclose with this form or can he still just ignore? I just want all the cards on the table .. he seeks to drag it out.
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