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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 02-01-2017, 12:42 PM
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Location: Kingston, ON
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Default Uncontested Trial

Apparently judges like certain forms to be filed when requesting an uncontested trial, to allow the judge to make a ruling in closed chambers sooner than later. It helps to speed up the court process and avoids any in person testimony. I found this out from a lawyer at my local FLIC office yesterday and she directed me to case law on it.

Ironically, I blindly filed all of the following, correct, forms when proceeding with my uncontested trial and seemed to get it right. My ruling occurred in chambers. I received a copy of my written order by following up at the courthouse just over a week after filing. A typed copy of my order will be sent to me in the mail with a copy forwarded to FRO for enforcement. My Uncontested trial addressed full custody and child support (current and retroactive). No divorce as we were not married.

I asked at my local FLIC in regards to any further motions (schedule 7 expenses, etc) and was told that they can move forward without notice. If I am corrected and told to proceed on motion with notice, I will update this after I file with the law clerks in the Family Law office at my courthouse.

To file for uncontested compete the following forms with any evidence back up:
From 14A - Affidavit (Motion)
Form 14B - Motion Form (requesting a ruling to be made in chambers based on 14A and application)
Form 23C - Affidavit for uncontested trial (stating clearly the order you want the court to make "1) An order that ________. 2) An order that________. Etc.)
Form 25D - Order (Uncontested trial)
Support Deduction Order Information Form from FRO website, if in Ontario

Case law: M v. M, 2012 ONSC 6271, Court file no 34723/12:

"In Milton, where a matter is undefended and an undefended trial is sought, the normal practice is that a Form 14B motion is filed, requesting that it be determined in chambers by a judge without the attendance of the parties or counsel. If the judge thinks the affidavit material is sufficient, the judge may determine the matter in chambers without any attendance. If the judge thinks the matter ought to be heard after an oral attendance, the judge may so direct."

Ironically, the judge overseeing the above case made the ruling in my case. I hope this helps someone and if there are any corrections... I'm just contributing what the lawyer reviewed with me this morning. It worked perfectly for me.
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Old 02-01-2017, 12:45 PM
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Where is the other party in all this?
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Old 02-01-2017, 01:02 PM
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Lives ten minutes from my house, stated verbally he wants no involvement with the child, hired a lawyer 4 months after service of application. Lawyer sent an introductory letter showing respondents last pay stub from 2014, did not provide a date for his answer/reply or financials to be prepared. I gave him two more months (6 months total). Not another word from him or his lawyer. They both literally did nothing. So I filed the above.
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