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-   -   The Process (http://www.ottawadivorce.com/forum/f3/process-21110/)

rockscan 06-12-2017 11:34 AM

The Process
 
There is a lot on here about the process from the start of separation/divorce but not much about the process following a motion to change.

I was wondering if anyone can give some details on this and what happens. My partners lawyer sort of told us but it was in terms of "well we hope she is reasonable and theres just a case conference" and I dont want to waste money asking.

What Im looking for is what happens after the first appearance what materials happen. For instance, what happens before the first appearance? Does she file another response? What gets filed before the case conference? What gets discussed and what can he expect at the first cc? What will lead to the next conference? What if she refuses to agree to anything if the judge agrees with my partner?

Ive ready the "process" stuff in the how to prepare documents online but I feel like it leaves some info out. Anyone who has gone through the MTC process several years after you settled things, please share.

OrleansLawyer 06-12-2017 11:52 AM

Quote:

the process following a motion to change
Moving party bring motions (draft, issue, serve, file).
Responding party responds, possibly with cross-motion (draft, serve, file).
Moving party may want to prepare a reply affidavit (draft, serve, file).

First step may be a first appearance (used to set a case conference date) or a case conference, depending on jurisdiction.

Prior to the case conference, each party needs to file updated financial disclosure, certificate of financial disclosure and case conference brief.

If the case does not settle at the case conference, case management should decide the next step. This may be:
- interim motion;
- settlement conference; or
- set down for final motion

If interim motion, generally a settlement conference will follow.

The settlement conference may be set if the issues cannot be fully canvassed at the case conference (for example, if there is outstanding disclosure), if the situation is evolving (for example, if it has changed following interim motions or OCL appointment), or if the case is more complicated.

An example of a case that is more complicated is a mobility case when the parties exercise equal access to the child(ren). In such a situation, a party may want the issue determined by a trial rather than motion so they can cross-examine the opposing party.

rockscan 06-12-2017 11:58 AM

My partners case is a financial one. One kid is no longer eligible for cs.


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