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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 12-21-2015, 08:00 PM
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Default How many months/ years are delays allowed?

My STBX's lawyer has successfully cancelled 4 case conference dates and 6 motion court dates. I have been trying to get in front of a judge for over a year! My case has been seriously prejudiced because of this. How the hell do I get in front of a judge ? Can I file an emergency motion ? This is ridiculous.
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Old 12-21-2015, 08:06 PM
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what was the reason given, and accepted by the court? Was this an adjournment? I recall in earlier posts you had mentioned your ex was in-line with a substantial injury settlement in January.

You can file an emergency motion, however, if another date has been set you may not be successful.
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Old 12-21-2015, 08:25 PM
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We do not have any further scheduled court dates as the judge wanted to give him time to comply with certain court ordered assessments and disclosure. He has not complied. In the meantime my situation has become dire and I am the one seeking court dates to address the litany of horrific events which have transpired over the past year plus. He does not want me to get in front of a judge to tell them what's been going on. The two lawyers have been involved in a pissing contest with each other and mine has not been following my direction. I'm pulling my hair out. I have to either go self rep or legal aide. I'm thinking of self rep because then I can file an emergency motion without notice . This will most likely be adjourned but my purpose in doing so is to alert a judge to what's been going on and ask them to set a cc or motion date the other party is not allowed to adjourn!

Last edited by Stillbreathing; 12-21-2015 at 08:27 PM.
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Old 12-21-2015, 08:33 PM
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Reasons given that his lawyer was not available and not willing to send a representative. Gave no dates in the future that his lawyer was available though!
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Old 12-21-2015, 08:57 PM
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If you are in dire straights can you not proceed to an emergency motion and request interim support? If your current lawyer can't handle that then there is something seriously wrong with the lawyer. Make sure the SUBSTANTIAL interim support is enforceable by FRO.

My lawyer did this at the start of my litigation. The amount my ex had to pay per month definitely got his attention and expedited things. We were divorced 9 months later.
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Old 12-21-2015, 11:25 PM
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Can you actually file an emergency motion for support? My lawyer said the only emergency motion you can file is in a life and death situation for the safety of the children. I have to let my lawyer go but it's a scary thing to go self rep. I'm so jaded by the court system and the bias against the best interest of the children versus the financial best interest of all the other players.
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Old 12-22-2015, 02:33 PM
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Originally Posted by Stillbreathing View Post
Can you actually file an emergency motion for support?
What kind of support? Child support? Spousal support?

See this posting on what constitutes an urgent situation:

http://www.ottawadivorce.com/forum/f...e-court-13291/

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My lawyer said the only emergency motion you can file is in a life and death situation for the safety of the children.
Generally this is the case. But, in the situation of support (child) if you are unable to find shelter, food and clothing for the children due to the absence of child support this could indeed be an emergency. This is shelter and food - basic essentials.

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I have to let my lawyer go but it's a scary thing to go self rep.
If you can afford counsel then I would say your income situation would possibly not be an "urgent" situation. I say this because one would expect you to get Legal Aid if you are in the situation of poverty and you would have a lawyer.

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Originally Posted by Stillbreathing View Post
I'm so jaded by the court system and the bias against the best interest of the children versus the financial best interest of all the other players.
Again, the court's first priority is the children and not the parents. As well, the court will establish basic essentials based on the income of both parents (depending on the situation) and try to keep things in perspective.

It is often more cost effective to retain a proper financial advisor when separating and divorcing versus retaining a lawyer. It is better for one's pocket book.

Good Luck!
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Old 12-22-2015, 03:33 PM
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In some high-income marriages when one party cut's off the other party's ability to pay mortgage, pay lawyer (example) the court might recognize this as a power imbalance.

If there remains substantial matrimonial assets I am perplexed as to why your lawyer does not file an urgent motion for you to obtain money? Lawyer could get paid!
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Old 12-22-2015, 03:36 PM
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In some high-income marriages when one party cut's off the other party's ability to pay mortgage, pay lawyer (example) the court might recognize this as a power imbalance.

If there remains substantial matrimonial assets I am perplexed as to why your lawyer does not file an urgent motion for you to obtain money? Lawyer could get paid!
Courts have been ordering costs against lawyers in Ontario who bring unnecessary "urgent" motions that are not "urgent". Many lawyers don't want to risk bringing an urgent motion and have to pay the costs. The case law is very "tisk tisk" to lawyers who use urgent motions wrong. So they avoid it.
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Old 12-22-2015, 04:00 PM
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Courts in Ontario should do a self-examination of all the useless case conferences they regularly reside at. More resources are wasted in this area.

If the woman can't pay her mortgage or her lawyer, and there is matrimonial money available to pay, then I would think that this constitutes an "urgent" matter. I would therefore encourage her to go forward.

She very well is unable to qualify for legal aid simply due to the previous year's income tax return. Besides, the woman shouldn't have to dismiss current counsel because her ex is financially able to out-manoeuvre her by endless adjournments.

I hope she goes to court for an urgent motion and receives substantial interim support.

I had to kick and scream a bit before this was done on my behalf. Once my lawyer got to court it took less than 10 minutes to put things in motion on an INTERIM basis.

Last edited by arabian; 12-22-2015 at 04:06 PM.
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