How To Word Asking for an Order on Notice of Motion

[momto3]

I am taking my ex for a Motion and was wondering if anyone had any suggestions on wording for my Notice of Motion. I am asking for an Order giving vested interest in my name (in trust) for a property that he transferred into his father's name after he was ordered not to dispose of any assets. Do I ask the court to sieze the property and give vested interest in my name or just ask for an order giving vested interest in trust? I am also asking for an Order that the resondent pay a proportionate share of s.7 extraordinary expenses with the Resondents share being 80% and mine being 20% (his average gross income, he is self employed over the last 5 years has been $110k and mine over the same time ( I am not a salaried employee just paid hourly so I did apples to apples) was $22k. I figured that since he breached an order and is still in non-compliance of an order to have an income valuation done for over 1 year and a half I would be in a position to ask the courts to take his gross income to give me an interim order for s.7 expense for daycare, prescriptions, dental and eyecare.

Did I ask correctly or should I re-word my Notice of Motion.

Thanks

[Kenny]

Momto3:

Although the Form 14: Notice of Motion is very simple, I am not sure that you request is. He essentially diregarded a court order by tranferring the property. You really need to see a FLIC lawyer if you are entitled.

If this was my Notice of Motion, I would look at the contempt of a court order as an issue. The Family Law Act also has property clauses.

Where are you in the legal process (Case Conference, etc)?

Again, I think a trip to the FLIC is definitely in order.

Not much advice, sorry.

[momto3]

I would love to have taken him for contempt, however when reading the family law rules, that is a separate motion, its a Notice of Contempt you have to call the court for a specific date and you can only tackle the issue that is absolutely beyond a reasonable doubt provable as being in contempt. I have 3 other non-compliance issues that I can bring as non-compliance but not necessarily meeting the criteria of contempt, also I really need an order for s.7 expenses and retro-active s.7 expenses. I am covering all daycare myself and because he still has not done an income valuation after being ordered to over 1 and 1/2 years ago with 2 non-compliance motions later I wanted to bring it all in front of a judge to show the history and pattern and be in a better position to ask for an interim order for s.7 expenses. He will be in no position to ask of any favours of the court.

[Tayken]

Originally Posted by Kenny

Momto3:

Although the Form 14: Notice of Motion is very simple, I am not sure that you request is. He essentially diregarded a court order by tranferring the property. You really need to see a FLIC lawyer if you are entitled.

If this was my Notice of Motion, I would look at the contempt of a court order as an issue. The Family Law Act also has property clauses.

Where are you in the legal process (Case Conference, etc)?

Again, I think a trip to the FLIC is definitely in order.

Not much advice, sorry.

Motion requests of this nature require a solicitor to help with. It is a very complex issue. Your best bet is to retain a solicitor to at minimum help you with your request.

Remember that a motion comes with oral arguments. So, if you don't know what you are asking for and can't stand up in court and request it orally from the judge and defend yourself against the other person (or solicitor) in court... You should have a lawyer do it for you.

Property issues like this go far beyond just family law. The partition act can come into play and a whole different area of law. It is not easy to do something like this.

The key point I can't stress is that not everything is solved on paper. Even if your affidavit and notice of motion is bullet proof you still have to stand in front of a judge and answer questions in oral arguments. If you are not armed with knowledge a solicitor on the other side can really walk around the issues and make a mess of it all.

Furthermore, you fail on your motion you will be paying the other parties costs.

Good Luck!
Tayken

[staysingle]

Do not take Taykens advise and hire a "solicitor" aka family law lawyer. Yours is a simple matter that an area FLIC office will help with. Think about it, how can you be held liable for costs on a motion exposing the other sides failure to comply with previous clear court instruction! Furthermore, any male presenting todays family court with a propensity to not financially comply with orders will receive a knock out judicial left hook.

Proceed self representing, explain the problem in simple,clear terms and you will get relief without blowing 1 to 2 grand on a useless "solicitor"

[Tayken]

Originally Posted by staysingle

Do not take Taykens advise and hire a "solicitor" aka family law lawyer. Yours is a simple matter that an area FLIC office will help with. Think about it, how can you be held liable for costs on a motion exposing the other sides failure to comply with previous clear court instruction! Furthermore, any male presenting todays family court with a propensity to not financially comply with orders will receive a knock out judicial left hook.

Proceed self representing, explain the problem in simple,clear terms and you will get relief without blowing 1 to 2 grand on a useless "solicitor"

I disagree. Property seizures are some of the hardest things to do. Vast majority of judges in the family law system have no idea how real estate law works.

Land partitions like they did are not a walk in the park. Furthermore, it was done through the land registry to do this. You can't just move title anymore behind someone's back. Hence the complexity of what you are asking for. Ownership of the real estate was determined by the registry office and they executed the transaction. To transfer title requires a solicitor to act and put it through the system.

My hat goes off to any self represented litigant who can successfully bring and resolve something like that in family court... Title transfers are well governed and you are going to need significant evidence to prove that the title transfer and registry office were in error to do what they did.

Hence the reason you need a solicitor to explain the violation against the order you have. This is where things get really complex.

If what you say happened, then another solicitor executed the title transfer.

As always... Good Luck!

Tayken

[Tayken]

Originally Posted by staysingle

Do not take Taykens advise and hire a "solicitor" aka family law lawyer. Yours is a simple matter that an area FLIC office will help with. Think about it, how can you be held liable for costs on a motion exposing the other sides failure to comply with previous clear court instruction! Furthermore, any male presenting todays family court with a propensity to not financially comply with orders will receive a knock out judicial left hook.

Proceed self representing, explain the problem in simple,clear terms and you will get relief without blowing 1 to 2 grand on a useless "solicitor"

PS: Solicitor does not equate to "family law lawyer". A competent real estate solicitor would be the best person to bring to a motion on title transfers and not a family law lawyer. (See above note about title transfers and the land registry office...)

Good Luck!
Tayken

[staysingle]

Tayken,

As I understand the OP, Momto3 is also asking for a ruling on sec. 7 extraordinary expenses. I suggest she presents her sec. 7 position simply and clearly as this should be straight forward. Next, present the proof of transfer of assets ( land transfer) clearly exposing the transfer post court order and let the judge decide what remedy to apply. Momto3 simply exposes the breach and humbly asks the courts for a wise remedy.

Momto3 , as always, take do consider Tayken's advice seriously. If and whenever my stuff is on the line, Tayken's advice has always been wise and spot on.
Take care and good luck

[TLCRN]

Since we are on the subject of "contempt motion", does anyone have experience with bringing a motion for a Judge to decide if a motion can be heard as finally we have a court order as a result of the trial stating we can bring a motion if change in circumstances only; with me being the respondant, never filing motions but always responding!

The FLIC lawyer gave me a Motion Form to compete and file where a Judge will make the decision if material change and can further bring a contempt motion. Most of the Order from the trial are not being complied with.
The FLIC lawyer said it's straight forward and simple but although self represented for regular motions, case conference, trial, this one seems different, any advice?
Do I file my motion with my evidence material with an affidavit like I would for a regular motion? although it's to get permission only to file a contempt motion?