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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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  #11 (permalink)  
Old 03-04-2017, 12:41 PM
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Originally Posted by arabian View Post
Mediation will likely get you nowhere except further in debt. It's just another way for lawyers to make money off of you IMO.

He must have filed some sort of motion to date? If not, why are you and your lawyer even bothering with this? Have I missed something here?


He has filed an "application" and affidavit form 35.1. This is it. Along with financials. This is why I am confused. There is no motion to change. I received a notice for the first appearance and then was told we were doing the case conference that day. Now settlement conference made but I am confused because he needs to file a motion to change right? Lawyer is spending minimal time with me to keep costs down so I am trying to find answers here.


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Old 03-04-2017, 12:42 PM
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Originally Posted by arabian View Post
Mediation will likely get you nowhere except further in debt. It's just another way for lawyers to make money off of you IMO.

He must have filed some sort of motion to date? If not, why are you and your lawyer even bothering with this? Have I missed something here?
yeah thats wht i dont understand. what took you guys to court if no application was filed and served upon you?

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Old 03-04-2017, 12:43 PM
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Originally Posted by Ange71727 View Post
He has filed an "application" and affidavit form 35.1. This is it. Along with financials. This is why I am confused. There is no motion to change. I received a notice for the first appearance and then was told we were doing the case conference that day. Now settlement conference made but I am confused because he needs to file a motion to change right? Lawyer is spending minimal time with me to keep costs down so I am trying to find answers here.


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it's not an initial application. if there is a final order then it's an application to vary the final order - a "motion to change."

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Last edited by trinton; 03-04-2017 at 12:45 PM.
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Old 03-04-2017, 12:54 PM
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Originally Posted by trinton View Post
it's not an initial application. if there is a final order then it's an application to vary the final order - a "motion to change."

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Ok, but I had to submit an "Answer" that outlined the areas in which I disagree and then asked for it to be dismissed with costs. So I don't think I am giving my consent for it to move forward. So you are saying I should file a motion on my own now to dismiss the motion? I am under the understanding that I have to attend the settlement conference and that it will move forward to a point - maybe before trial, maybe all the way to trial.


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Old 03-04-2017, 01:00 PM
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Ok, but I had to submit an "Answer" that outlined the areas in which I disagree and then asked for it to be dismissed with costs. So I don't think I am giving my consent for it to move forward. So you are saying I should file a motion on my own now to dismiss the motion? I am under the understanding that I have to attend the settlement conference and that it will move forward to a point - maybe before trial, maybe all the way to trial.


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He has not done the Form 15 Motion to Change. Is this not mandatory if you are seeking to vary an order?



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Old 03-04-2017, 01:05 PM
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Ok, but I had to submit an "Answer" that outlined the areas in which I disagree and then asked for it to be dismissed with costs. So I don't think I am giving my consent for it to move forward. So you are saying I should file a motion on my own now to dismiss the motion? I am under the understanding that I have to attend the settlement conference and that it will move forward to a point - maybe before trial, maybe all the way to trial.


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it doesn't just get dismissed with costs at conferences. no order can be made at conferences without his consent. he has a right to a final hearing/trial to prove material change. you have a right to a summary judgment motion, which will likely fail. you have to ride along the entire process and hearing/trial. you might find you've ran out of money by the time the case gets to a trial.

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Old 03-04-2017, 01:07 PM
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He has not done the Form 15 Motion to Change. Is this not mandatory if you are seeking to vary an order?



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in yiur sitatuion, you cannot change an order without a motion to change. maybe his lawyer is up to something I'm not familiar with. what is yiur jurisdiction ? Ontario? what area?

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Old 03-04-2017, 01:14 PM
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in yiur sitatuion, you cannot change an order without a motion to change. maybe his lawyer is up to something I'm not familiar with. what is yiur jurisdiction ? Ontario? what area?

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Southern Ontario. Wouldn't it be the same province wise? Maybe the motion to change is coming? Yes I know I can't dismiss something magically at a conference. I know he has a right to be heard. I brought this up because you said it sounded like I was agreeing to move forward. My "answer" states that I don't agree with it.
My question still stands though....at what point could a judge determine that there is no material change? Many people have told me that without material change it won't make it to trial. So when could this occur - settlement conference judge?


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Old 03-04-2017, 02:49 PM
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Southern Ontario. Wouldn't it be the same province wise? Maybe the motion to change is coming? Yes I know I can't dismiss something magically at a conference. I know he has a right to be heard. I brought this up because you said it sounded like I was agreeing to move forward. My "answer" states that I don't agree with it.
My question still stands though....at what point could a judge determine that there is no material change? Many people have told me that without material change it won't make it to trial. So when could this occur - settlement conference judge?


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i can speak to that based on experience. never assume the master or judge has ready your documents. the courts are a mess. they don't have time to read through peoples documents. we have some very few judges who actually give a crap about the public confidence in the system and read documents. so be sure to clearly state your written position unless you're 100% your document has been read. and don't ask the judge if they have read it or for them to read it. they'll get offended. yes they have the attitude of goats. i think thats where some lawyers get their nasty attitudes from.. from our judges.

as per the issue of material change, if settlement conference judge feels there has been a material change, and their case is good, will put it right to a trial. if judge feels they have no material change and a weak case, they will set it to a hearing to see whether a material change exists. if no material change is found at that hearing than the motion fails and is dismissed right there and then.



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