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.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-20-2013, 11:32 PM
Member
 
Join Date: Jun 2013
Posts: 33
marivana is on a distinguished road
Default What do i need for a fast motion?

Update: had my first case conference on August 14th, 2013.
Judge ordered my ex. to provide full disclosure. judge also recommended that we discuss issue of over night access. I proposed a 50-50 access schedule, and gave them a week time to accept my offer and produce the disclosure ordered by the judge otherwise I would do fast motion.

Background: We have been separated for a year, I originally asked for disclosure in December, they said all disclosure was already provided, which of course wasn't. They were then given a notice in February that if they don't provide full disclosure we will do case conference and seek an order for disclosure (which happened on august 14th, they said they don't need to provide all that I asked for, the judge disagreed and made the disclosure order).
Now ex's lawyer saying that one week time not enough, and typically 30 days are given.
In summary, first they said in an email that everything was already provided (February 22nd), then in court they said they don't need to provide all disclosure I was asking for (august 14th) and now that an order is made, they are saying they need 30 days. Furthermore, they are saying if i don't give them 30 days they will seek my ex's costs if I did motion prematurely.

My Argument: I have been waiting for the disclosure since December, gave them plenty of time, and notices that if disclosure is not provided will ask for it case conference. My ex doesn't give child or spousal support, or pay for child care expenses etc. they have been withholding information and not making payments, yet lied in court saying that they have been cooperative and have provided child support regularly.

Question1: Will their argument hold up in court if they say i didn't give them enough time (last time I asked for disclosure back in february, then court ordered on August 14th) to get all the documents and therefore they are correct in seeking my ex's cost for fast motion?

Question2:How do I do fast motion. What forms do I need, and in which order do i need to file or serve them?

Question3: Is there a difference between motion and fast motion?

Last edited by marivana; 08-20-2013 at 11:57 PM. Reason: grammer errors fixed
Reply With Quote
  #2 (permalink)  
Old 08-21-2013, 12:30 AM
Senior Member
 
Join Date: Aug 2013
Posts: 145
annapurna66 is on a distinguished road
Default

I have a similar circumstance. Court ordered to provide disclosure back in January...still has not provided full disclosure today. Although I will say, my persistent habit of sending his counsel letters indicating what was requested, what has been provided and what still has to be provided seems to have helped get me some information. I have been told it is important to document your requests and be persistent. I saw a judge last week who told me to take out a motion for the disclosure. I have yet to do it. I don't know about "fast motions'?...maybe someone on this site does? What information are you asking for? If it is financial there are "standard disclosure terms for support cases" that clearly outline what financial disclosure must be provided. NOte: you are not limited to these items. Remember that if he fails to provide disclosure, the court has the jurisdiction to make an adverse inference towards him. I'd say you have given them more than enough time to provide the info....but if he wants the 30 days give it to him...then serve a motion on day 31.
Reply With Quote
  #3 (permalink)  
Old 08-21-2013, 07:05 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

"Fast" motions ("urgent" and/or "emergency") are covered in this thread:

http://www.ottawadivorce.com/forum/f...e-court-13291/

Marivana I highly recommend that if you do not have counsel to retain a lawyer at minimum to review your matter to assist you in determining if your situation is "urgent" and warrants an urgent motion being heard.

I am going to be very honest with you on my opinion... I am of the personal opinion that what you have provided here does not constitute an urgent motion to be heard and doesn't meet the threshold requirement.

I recommend you read the thread I provided (link) and consult with an actual lawyer as failing to meet the requirements set forth in the case law in the thread provided could result in a significant costs order being made against you.

I am not a lawyer and this is not legal advice. You should seek out legal advice from a lawyer. Anything anyone will provide you on this site is an opinion.

Good Luck!
Tayken
Reply With Quote
  #4 (permalink)  
Old 08-21-2013, 11:04 AM
Member
 
Join Date: Aug 2013
Posts: 57
FrustratedPartner is an unknown quantity at this point
Default

Hi: the two 'fast motions' I am familiar with (besides a contempt motion) are ex-parte and 14B motions. You would do an ex-parte (meaning opposing party does not have to be present) if your spouse was a crack addict and neglecting the kids, for example. You bring about a 14B if the situation needs semi-urgent attention. The case law is all over the place in regards to what constitites a 14B and you need to refer to the case law in the 14B.

Do you have a court order for child support? Have you filed this order with FRO?

Do the children reside with you?

It does not sound like you have a case for a 14B. When is your next case conference? Usually the judge orders that disclosure be presented at next case conference. Did you get that in the order?

It sounds like this is a complex case and I would also (like Tayken) recommend you seek legal advice. I have an excellent lawyer and he is very reasonably priced, willing to do limited retainer work. If you PM me, I can give you more details.
Reply With Quote
  #5 (permalink)  
Old 09-13-2013, 10:20 PM
Member
 
Join Date: Jun 2013
Posts: 33
marivana is on a distinguished road
Default What now?

Hi all,
I heeded Tayken's advice, had a lawyer go through disclosure, He indicated not enough since missing info. and need the remaining disclosure to "form a better opinion". His opinion if retained further and "that Mr. XYZ fails to abide by a disclosure order. In this case, I can move for an order imputing income to him without having to put you to the cost."

So...today (day 29th, since court order for disclosure) i get an email from ex's lawyer, giving little bit more disclosure and once again saying remaining disclosure was already provided to previous lawyer and I should obtain it from him. I have obtained everything they had provided him and ofcourse it is not complete
Update on what's happened since disclosure order: I made two offers
1) as recommended by judge during case conference (alternate weekends and one overnight during weekday when no overnight on weekend) along with sole custody, and retroactive plus ongoing child support based on income reported on financial statement until we come to resolution on income amount, ex's proportianate share towards child care expenses retroactive and ongoing, neither partner to pay spousal support (my income 15K less than income level in his financial statement)
2) 50-50 access, sole custody, only retroactive child support to date of separation, retroactive and ongoing share in child care expenses, neither party to pay spousal support
They accepted neither, saying I am being unreasonable in my offers and so they will now will prepare paper work for fast motion on 26th September for overnight access.

Does this mean they have a date and they have already filed for fast motion and simply not provided me with the paperwork for it?

My plan was to wait till 30th day they requested and then file for motion for child support on the next business day; I gave them notice of filling for motion on 31st day. I know they haven't provided full disclosure and they know it too, what do I do now? Should I obtain my own date and file the paper works, or should I wait for them to get the date and go to court presenting my counter motion explaining to the judge that
1) I had made 2 offers to settle
2) they still have not provided full disclosure
3) based on limited disclosure there is sufficient evidence that significant amount of money is unaccounted for, therefore impute higher income and make order for retroactive and ongoing child support plus share in child care expenses.
Reply With Quote
  #6 (permalink)  
Old 09-14-2013, 02:32 AM
NBDad's Avatar
Senior Member
 
Join Date: Dec 2009
Location: New Brunswick
Posts: 2,734
NBDad is on a distinguished road
Default

1. Is there no existing overnight access for your ex?

- why not?

2. Your offers (without knowing more details), appear at face value to be at least a reasonable starting point, and should help protect you from costs. However, if your ex is not currently receiving overnight access...that might hurt you if you are denying it without cause.

3. If the judge ordered disclosure...did he specifically say WHAT they were to disclose? Did they do so?
Reply With Quote
  #7 (permalink)  
Old 09-14-2013, 06:22 PM
Member
 
Join Date: Jun 2013
Posts: 33
marivana is on a distinguished road
Default

1) I have not denied overnight access, the two offers both had over night included with other things as mentioned. Ex only wants to accept overnight access component and schedule he outlined does not work long term (for weekend with no overnight, he wants one overnight during week to start at 4pm and he wants to pick up kids at my house and for me to pick them up at his place in the morning, he is not willing to drop them off at school and daycare. the reason this doesn't work, i work 9-5 almost 55 minutes away from home - no way i can take off from work twice a month two hours early just so he can pick up kids at my house, then have to go to his place to pick up kids and then drop them off at school and daycase. That is ridiculous).
Another reason overnights not taking place is objection from CAS, he was recently arrested on a charge of braking his probation order and he now has to reside with his surety until matter is dealt with. Surety's two bedroom apartment is not big enough for having two little girls for overnight and there is no place for them at his place. Despite this I made the offer, which should come in effect once his criminal matter is dealt with.
2)The judge made specific order (including personal and business bank statements, NOC, tax returns and business valuation), they sent over 14 pages and maintaining position that the rest was given to the previous lawyer, so now I should have everything, which as I mentioned before is not true and disclosure is still not complete.

Last edited by marivana; 09-14-2013 at 06:25 PM. Reason: added information
Reply With Quote
Reply


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
motions... not served??? searching Divorce & Family Law 5 01-26-2013 10:16 PM
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 04:46 PM
Procedural Help LV McBroke Divorce & Family Law 5 01-22-2007 11:02 AM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 01:24 PM.