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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 12-05-2005, 08:25 AM
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I haven't heard from my lawyer as of yet in what our options or what this means. But my x and her lawyer didn't file an answer to our application and the deadline has been passed. I know for a fact that my x did not agree with a lot of info on the application and was intending to file an answer. I was just wondering what this means. My lawyer mentioned that we could except it being late - but why would we? Also does this mean that they can't attend the case confrence now which is set for jan?
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Old 12-05-2005, 11:24 AM
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CatvsLion,

Just an opinion,

That happened to my friend. His ex failed to file an answer and missed the 30 day deadline. They showed up on first appearance and still no paperwork in place.

At that point in time they needed my friends permission to file paperwork or they could bring a motion before a judge for a time extension. My friend co-operated and allowed the extension of time.

This is a common delay tactic. Just have patience. They are probably trying to make you out to be aggressive etc. Also expect lots of nasty assertions about your character to be in their answer.

Generally the first appearance is a meeting with the Registar. The Registar verifies the issues in dispute and will verify that the paperwork is in place. If everything is in place the case conference is held that afternoon.

If they fail to show up for the first appearance, the Registar should proceed with the case with a case conference that afternoon as your x was served with ample notice etc. Your x may not be allowed to participate in any further proceedings etc.
Worst case scenario.

However,

I suspect she will show up on the first appearance without paperwork. The Registar will ask if you consent to an extension of time so that she can file her answer. You most like will allow the extension as you do want her participation in the case.

The Registar will re-schedule a date for a case conference and will set a deadline for service of documents for her. I suspect that they will serve you at the last minute with her answer and case conference brief and your current conference brief will be out dated as you won't have anything to address her claims in her answer. Sort of an ambush on you but allowed.

Remember you have 10 days to serve and file a REPLY once her ANSWER has been served. Remember that every day is counted towards the 10 days for filling and service of this document because it is over 7 days. If you miss the deadline, the Registar will not allow you to file. This document is important because it will alllow you to Reply and address to her new claims etc.

Furthermore, the Reply is an important document because generally if a matter goes to trial
APPLICATION, ANSWER, and REPLY make up the factum


Its a dirty tactic, but expect more of it. Courts won't do much as she is holding the cards right now with having defacto custody of the child. Its not an urgent matter either as the child is under no harm.

Please see the link. Courts of Justice Act - Family Law Rules. This is worthwhile to read. It will help you get a better understanding of the court process and also help you when working with your lawyer.

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm
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Old 12-08-2005, 02:32 AM
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What is the point of this tactic?
I cant think of anything worse than dragging it on.. why dont both parties just want to get it over with?
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Old 12-08-2005, 07:05 PM
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The point of this tactic is to frustrate the other party and also extend the current defacto situation without even having to file motions. Remember the longer a situation goes on, the less reluctant a court will change it especially when things are somewhat working out for a child. Possession is 9/10ths of the law! It takes months to get a court date. No motions can be filled without having a case conference.

Why not follow the rules to begin with and serve the documents in a timely manner? When catsvlion started the case he most likely followed the family law rules. What is the penalty for not following the rules? There will be none in this case as she has defacto custody of the child. She can pretty well do whatever she wants to.

Imagine, if she never appeared for the first appearance? Would you think the courts would automatically change custody just on evidence from one party and that she failed to show up for the first appearance. Remember these are rules not court orders. There is a difference.
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Old 12-13-2005, 09:46 AM
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Quote:
Originally Posted by logicalvelocity
CatvsLion,

They are probably trying to make you out to be aggressive etc. Also expect lots of nasty assertions about your character to be in their answer.
Well they did just that - they served their answer the last day at close of business day. It contained alot of past characteristics about our relationship that I felt had no relivance other then to take a stab at my character. Also to help her claim of conflict and sole custody.

So I have 10 days to 'reply' to the 'answer' is this 10 business days? She made a lot of false claims and stuff that she assumes I do but has no way of actually knowing. (ie saying I spend all my time with my daughter with other people around - or my girlfriend and no 'one on one' - which is false) My lawyer mentioned that we shouldn't get into a he said/she said but shouldn't I comment somewhat about all her character blows? I thought this was suppose to be about the children but her 'answer' is majority about myself and my character from our relationship...
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Old 12-13-2005, 10:12 AM
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I'd absolutely defend myself, as to your character, but don't sling the mud back at her. This will only show a Judge that you are high conflict parents and joint custody would not be appropriate. Take the high road.

As for the 10 days, I think it does include the weekends. Someone correct me if I'm wrong.
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Old 12-13-2005, 06:51 PM
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Catsvlion,

I agree with Grace's opinion . Defend your character but don't turn it into a mudsling. Prove your X wrong. A lot of cases swing on credibility.

Its too bad they have ambushed you. Do not let this frustrate yourself. Remain focused on the BEST interest of the child.

Your REPLY is a very important document!! Yes you have 10 days to SERVE and FILE the REPLY. when counting days since it is over 7 days you count the weekends and remember to serve it before 2 p.m. and do not serve on a Sunday.

Remember,

if you are serving by regular mail, service doesn't take effect until the 5th day after it was mailed.

Better to special serve the REPLY either using a process server or hand it to her lawyer on record directly, Do not serve the lawyers secretary.

If you can't get a hold of the lawyer on record serve your X directly!

I would also do up another case conference brief as your brief is most likely inadequate to deal with all the new issues.
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Old 12-14-2005, 09:23 AM
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I also agree with Grace's opinion. Don't lower yourself to your ex's level. I think it looks better for your character not to attack your ex's shortcomings. You can reply to her alligations with a simple response such as that the allegations made is done so with cruel and fraudulent intent and you cannot justify them with a response. But that it saddens you that she would attempt to slander your person for her own gainful purposes.
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