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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 02-03-2012, 12:15 AM
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Default Who files CC Brief?

Hi everyone! I was reading up on CC rules and read as such " The person who asked for CC if the one who has to serve & file and the other party serves their answer brief in response".

My ex has brought a motion to change CS and wants to travel with child w/o my consent. CS was settled, but travel issue was not agreed on. Originally I was under the impression that I have to file and serve her first because I believe that my lawyer asked for CC as she was self rep., but had Social services with her for CS issue. But now I find out she has moved and I don't know where to serve her.

So I was hoping that I misinterpreted the quote above and it is THE PERSON WHO FILED THE MOTION that has to serve me with CC brief first.

So, which one is it?
Thanks
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Old 02-03-2012, 09:49 AM
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Rule 17 (13) is clear; each parties shall serve and file a brief. The timelines are seven days for the party requesting the conference and no later than four days for the other party under subrule 13.1.

Remember the attendance confirmation under Rule 17(14).

Hope this helps.
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Old 02-03-2012, 11:07 AM
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Thank you Kenny, but who serves who first? She has not served me on the first CC that I did not attend due to health. It was moved to another date and I don't know who has to be FIRST serve and file?

As for attendance confirmation, I am aware, but what happens if she does not confirm, but I do?
Thanks.
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