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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 08-22-2011, 02:15 PM
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Default Unnecessary Motion

Question: My stbx has brought forward a motion to something that I've already agreed to on two previous separate occasions and agreed by email again a 3rd time.

I have the evidence to show the motion was completely unnecessary. Since this is the first motion we've had so far, I have a couple questions:

Two questions:
1) Can I ask for costs for this if I can prove it was unnecessary?
2) Will the judge look upon this as unfavorable as it is largely a waste of the court's time?
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Old 08-22-2011, 03:28 PM
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Default costs

Hi PH. Yes you can ask for costs, you will want to include the email
documentation in your paperwork.

During my many times in ONT court for Motions, the winning side was
awarded costs only once for 100.00 so it doesn't seem to significant of
an amount in family matters.

Costs are awarded though at the Appeals Court level for larger amounts
I have studied in the past.

As far as putting effort in "to what a Judge might think". That is a waste of
time, until you enter the court room and its time to execute.

Best of luck Raven
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Old 08-22-2011, 04:02 PM
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Yes, you can ask for costs (doesn’t mean you’ll get it) but you can always ask! Attach the e-mail evidence as proof to your responding affidavit. You may also want to do a Formal Offer to Settle before the motion that highlights what you agreed with hopes that you can agree prior to going to motion court. If not, providing a Formal Offer to Settle will also bolster your case in your request for costs as well.fficeffice" />>>
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Old 08-22-2011, 05:46 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
Question: My stbx has brought forward a motion to something that I've already agreed to on two previous separate occasions and agreed by email again a 3rd time.

I have the evidence to show the motion was completely unnecessary. Since this is the first motion we've had so far, I have a couple questions:

Two questions:
1) Can I ask for costs for this if I can prove it was unnecessary?
2) Will the judge look upon this as unfavorable as it is largely a waste of the court's time?
The better thing to do is serve an official offer to settle on the issue in dispute to what you agreed prior to the motion hearing under Rule 13 of the FLA.

If the other party disregards your offer that is identical to the relief the other party is requesting at the point of determining costs the judge will review your offer to settle. Not only would you get costs on the motion but, the costs invested into creating the offer to settle on the issue in dispute.

Good Luck!
Tayken
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Old 08-22-2011, 05:47 PM
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Furthermore,

Offers to settle don't have to be all encompassing. They can contain individual offers to specific issues in the dispute like the one you are describing. So, you don't have to attempt to shotgun all matters. Just focus on the relief sought by the other party on the motion and offer to settle it.

Good Luck!
Tayken
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Old 08-22-2011, 08:48 PM
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I would follow Tayken's advice to the "T". If thew ex is filing frivolous motions you need to formally document your reasonableness as this become part of the continuing record. If enough of these useless motions are proven the courts will bite back with costs. Also, a man/father cannot even remotely behave like this in today's family court and expect to get away with it!

Stay cool and methodically show your reasonableness and hopefully you can get this matter resolved.
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Old 08-22-2011, 10:03 PM
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Thank you Staysingle and Tayken. I agree and I'm going to my lawyers tomorrow with the list of my emails and documents for her to attach to the motion he filed. A lot of this is just plain "bullying" behavior and I'm not going to tolerate it anymore..so I'm going to start pushing back reasonably.


I've tried and tried to cooperate with him and he just wants to punish me for the divorce and my plan going forward is to maintain my conduct with dignity but I'm no longer going to tolerate any kind of aggressive behavior on his part.
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Old 08-23-2011, 01:20 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
Thank you Staysingle and Tayken. I agree and I'm going to my lawyers tomorrow with the list of my emails and documents for her to attach to the motion he filed. A lot of this is just plain "bullying" behavior and I'm not going to tolerate it anymore..so I'm going to start pushing back reasonably.


I've tried and tried to cooperate with him and he just wants to punish me for the divorce and my plan going forward is to maintain my conduct with dignity but I'm no longer going to tolerate any kind of aggressive behavior on his part.
Hi,

Just a couple points to note that I have observed in your postings. I do realize that this is a message board and that people often use them to "vent" their frustrations. So these are observations rather than judgements or blaming statements as best I can write them.

1) Throughout many of the messages you have posted on this board they appear to be high-conflict in nature. You use high-conflict terms like "bullying" in many of your postings. I hope that your correspondence to the other parent and through your solicitor's office are not reflective of the postings you make on this board. Don't "vent" at the other parent. It is often hard to do this but, if you practice it in your postings it will help with your communications with the other parent as well.

2) If the other parent is represented by a solicitor and the "bullying" correspondence you are referencing is from that solicitor's office. Be very careful with your words and observations you make in your correspondence. Your conduct as well as the other parent's conduct is in sight of a judge at any time. Don't assume that what they are doing is on bad faith or to "get you" in any way. Solicitors are required to act within the boundary of the law and as such if they are not your solicitor as a professional should address it.

3) Don't theorize as to *why* something is happening in the proceedings. Just do what needs to get done to resolve matters and move on. Don't make an emotional plea to the other parent in any of your correspondence. As much as possible stick to the "business" of raising your children. Keep your emotions to yourself, share them with other people, even if they are frustrations. Do raise concerns that you have about your children, their health and education but, try as much as possible to not "flower" it with emotions.

4) Don't "anticipate" what is going to happen next. This is the downfall of many litigants. You try to anticipate what the other party to the litigation is going to do. Anticipation can lead to anxiety and could cause you to make some bad decisions. Judges don't like to hear the excuse that a parent was 'afraid' something was going to happen and acted badly. Never use the excuse of "I didn't know what else to do". Especially if you have retained a solicitor. You do know what to do. Contact your solicitor.

5) Listen to your solicitors advice. Heed the warnings of people on this and other boards but, do what your solicitor tells you to do and what is best.

Good Luck!
Tayken
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Old 08-23-2011, 01:27 PM
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Quote:
Originally Posted by Tayken View Post
Hi,

Just a couple points to note that I have observed in your postings.
This advice is equally applicable to all and should be a sticky.

Tayken: You remind me of a few very well-informed, very well-presented posters here. If I didn't know better, I'd think that you were actually a comittee formed of the aformentioned sages.

Cheers!

Gary
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Old 08-23-2011, 01:57 PM
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Pursueinghappiness,

Perhaps tayken is a master of repressing emotions or perhaps tayken has never dealt with a wingnut/wackjob ex. I recommend that you continue to vent here.

I also recommend to always think about what the other side is going to do next. Family court is war and if you wish come out the other side in one piece read Sun Tzu" The art of war" and stick to his plan.

Lawyers are not your friends, they are put in place to fleece you. This is a natural law, don't forget it.

Try and do as much of the legal work yourself, without a lawyer or as taykens prefers "solicitor". There is ample technical advise on this forum to safely guide you through.

Family court in this country is nothing less than a modern day freak show. You payed for your ticket the moment you married. You are an intelligent person! roll your sleeves up, pay attention, put on your warrior gear and get through this safely and with you and your kids mental health in check and your bank account.

Good luck
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