Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 02-27-2013, 11:00 AM
Senior Member
 
Join Date: May 2011
Posts: 355
Canadaguy is on a distinguished road
Default Trial forms and filing questions

Here is the case information, would like some support as I am not a lawyer and self-representation is difficult for someone who hasn’t been through a family law trial process. Preliminary hearing was held. Case conference date is set in March.

Does the applicant have to supply the court with Form 17A: Case Conference Brief before March case conference, during or after? What forms should the applicant provide before the case conference? Facts are:

Applicant made a motion to change (Form 15, 15A) existing court order. Applicant requested:

1. Change in schedule (physical custody stay 65/35%) to change the day’s child is with either parent due to child entering school and applicant’s new employment.

2. Update child support for past 3 years (arrears) and monthly table amount as per new income.

The response from the respondent claims (Form 15B):

1. Equal 50/50 physical custody as per existing court order.

2. Update child support to reflect equal physical custody.

What documents would have to be submitted by the applicant to the court to disprove the respondent’s claims? When does the applicant file these forms? Before March case conference, during or after?

Would completing form 14A: Affidavit showing the existing court order calculates at 35%/65% and not 50/50 (it is simple math people) along with calendars for past 3 years showing when the child was actually with the applicant be sufficient?

Would completing form 14A: Affidavit showing a calculations sheet of child support arrears for the past 3 years based on respondents provided NOA’s along with FRO payment schedule and child support tables supporting documentation be sufficient?

The applicant has made an offer to settle and provided it to the respondent. At what time does the applicant provide this to the court? Before March case conference, during or after? What forms does the applicant use to present this offer to settle to the court? Form 6B: Affidavit of Service?
  #2 (permalink)  
Old 03-06-2013, 09:23 AM
Senior Member
 
Join Date: May 2011
Posts: 355
Canadaguy is on a distinguished road
Default

...anyone have advice/clarification on filing forms?
  #3 (permalink)  
Old 03-06-2013, 01:32 PM
wretchedotis's Avatar
Senior Member
 
Join Date: Oct 2009
Location: ON
Posts: 2,305
wretchedotis is on a distinguished road
Default

You don't have to 'prove' anything at conference.

Briefs are filed and served by both parties before the conference.
Look up 'the rules' for family law. It will indicate dates required for forms to be served, etc.

Conferences are an 'informal' meeting to discuss the issues and seek settlement.

All you need to do is provide a brief that is concise, short, and logical towards the arguements you will be presenting should trial occur.

You could include all those affadavits, but they will not be part of the continuing record if you include them in your brief. Conferences are held on a 'without prejudice' basis - and your brief will be tossed in the garbage after the conference.

You're thinking along the right track - but are way ahead of yourself.
For now, you're just 'discussing' the issues.

When you goto motion, or trial - is when you're 'proving' the issues.
  #4 (permalink)  
Old 03-06-2013, 04:41 PM
Senior Member
 
Join Date: May 2011
Posts: 355
Canadaguy is on a distinguished road
Default

So show up with Form 17A: Case Conference Brief completed the day of the case conference in March? That's it?
  #5 (permalink)  
Old 03-06-2013, 08:15 PM
Senior Member
 
Join Date: Oct 2012
Posts: 723
SadAndTired is on a distinguished road
Default

No, don't just show up with it. It has to be filed and served on the other party 7 days BEFORE the case conference. The opposing party must file their response and give it to you 4 days before the case conference.

Here you go...

How to Prepare for a Case Conference in the Superior Court of Justice | The Law Society of Upper Canada

Now, I've been to case and then settlement conferences. Stbx (applicant) didn't even file his settlement conference brief. The judge scolded his lawyer and refused to hear some of the things that were not shown (due to lack of brief) but overall, no one (including me) cared.

Read the link. It is pretty good.

Hope that helps.
  #6 (permalink)  
Old 03-06-2013, 08:17 PM
Senior Member
 
Join Date: Oct 2012
Posts: 723
SadAndTired is on a distinguished road
Default

BTW, do not forget #5! The filing of confirmation that you plan to attend.
  #7 (permalink)  
Old 03-07-2013, 05:01 PM
Senior Member
 
Join Date: May 2011
Posts: 355
Canadaguy is on a distinguished road
Default

The judge requested neither party file a case conference brief and that both parties just attend the day of the case conference.

That being said, each party will then have to explain verbally to the judge what they are requesting:

1. Schedule change from existing order so weekends are split.
2. Arrears paid as per past 3 years income from NOA as per table CS amount.
3. That current schedule is actually 50/50 equal.
4. That CS should be updated to offset as per 50/50 current schedule.

If both parties are self representing, at what time are they allowed to hire a lawyer and bring to court? Do they have to notify the other party, judge or court clerk in advance to a court date who their lawyer is or just show up with one?
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Filing The forms GoingCrazy Divorce & Family Law 4 03-25-2012 01:46 PM
Book of Evidence wretchedotis Reference 11 03-08-2012 12:58 AM
Trial - Day 4 experience fieldgrey Divorce & Family Law 12 06-18-2011 08:44 AM
Filing forms cowboyup Divorce & Family Law 0 12-03-2009 12:14 PM
Trial Management Over but no Orders McBroke Divorce & Family Law 18 08-04-2006 03:23 PM


All times are GMT -4. The time now is 02:27 AM.