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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 06-19-2006, 09:41 AM
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Default motion

I need to file a motion with the courts........how do i go about this.......the ex had our child this past weekend and decided to return him 2 hours late last night and no homework completed........I was ready to call the police......he never even let me know he was going to be late either......the BS is just getting started......yet again......
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Old 06-19-2006, 05:17 PM
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littleman,

Your ex is just doing that to push your buttons.

When you say late, is there a court order in effect or separation agreement that dictates the access schedule? If not, in essence your ex really isn't late.

I would just document this. Remember that consistency of schedule is important and one parent ensuring that a child does their homework is important.


To bring forth a motion,

You will need form 14 - Notice of motion

On this form (Page 2) you will ask the court for interim orders on such issues as custody and access. You will have to secure a motion date from the Registrar.

To support your motion you will need form 14A general affidavit.
In your affidavit keep to the facts, background etc to support your motion.

You will also need a case summary of court case. form 8E

Financial Statement - Form 13, if previous one is more than 30 days old.

Once these are all completed, you serve a copy on the other party and file the original at the court along with an affidavit of service - form 6B.


File these documents along with an affidavit of service - form 6B.

In the interim the other party will have to complete their affidavit and motion documents and serve and file on you. If any new claims are addressed, you can serve a subsequent reply affidavit.

Remember that form 14C confirmation has to be completed and filed at least 2 days before the motion.

lv
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