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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 06-16-2017, 10:30 PM
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Default What is Morning chambers/special chambers

My court date got adjourned for another week.

What is morning chambers vs special chambers?

Will anyone even read my response to my ex affidavit. She lied so much and I have documentation to prove it. Will it even be looked at?

My lawyer is filing my response next Friday court is the following Tuesday. I don't think I am to be there since I didn't have to go to this last one.

Will anyone see prior to this morning chambers that I have proven I am not in arrears and that she is the one that hasn't followed out court order?

Will the judge just let her get away with all she is asking without seeing the response?

Never been to court I don't know how this works and getting really nervous.
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Old 06-17-2017, 09:24 AM
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presumably you are in Alberta?

Nothing to stress about - just means your lawyer has more time in court. Lots on internet: Special Chambers | Alberta - New Justice for the People

You should be there as this matter is of importance to you. You get to see how effective your lawyer is.

I have been to special sessions many times. Even though I always had lawyer representing me there were a few occasions when the judge wanted clarification and simply asked me some questions. You know the circumstances better than the lawyer and you should be on hand should the judge want additional information.

Last edited by arabian; 06-17-2017 at 09:28 AM.
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Old 06-17-2017, 02:03 PM
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I don't feel morning chambers will be enough time. This regards retroactive support and Section 7 expenses only. But there have been one too many lies in her affidavit (stating I have never increased support since our judgement which I have do so voluntarily 3 yrs ago providing proof I had and proof I am not in arrears, as well as he stating I have unreasonably withheld consent for Section 7 expenses (extracurricular l) the fact of that matter is how can I be unreasonably withholding consent when I have not been aware the expenses existed, until viewing her affidavit? I have responded to her affidavit and have provided proof backing all of what she is seeking.

Does the morning chambers read these affidavits prior or should we simply ask for special chambers in order to review the exhibits?

I don't find it to be fair a judge errs in the side of the mother just because she says it to be true. I have a right for my response to be heard.

I feel if my lawyer asks for special chambers and her and her lawyer review my response her lawyer will see that she had lied to him and also her lawyer would probably need her to provide proof she asked for these expenses which she doesn't have or I would have proof she asked and wouldn't be fighting this and have to defend the lies told.
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Old 06-17-2017, 02:09 PM
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If it goes to special chambers I am aware I will be there. I was only advised moring chambers is not necessary as the lawyers only each get 10 min to plead the case. (I have taken enough time off work over this. It is effecting my reliability at work and causing more issues than anything. As well as I live 5 hours away from this court house.)

I have a feeling after morning chambers I will have to appeal the decision anyway based on the fact that all my proof won't be heard.
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Old 06-17-2017, 04:08 PM
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It has been my experience that the judges don't give a shit about the affidavits. They weren't born yesterday and they know that affidavits are not reliable. They focus on briefs and documentation/corroboration. Typically you have 2 hrs in Special Sessions. If you need more time the judge will often schedule it with the two lawyers. Morning sessions can go to 20 minutes. Sometimes judge will take submissions and reply (in writing with his/her decision) at a later date.

You appeal decisions based on error in law. How would you propose to prove that a judge did not read your affidavit? You should be focused on what your lawyer submits (ask to be emailed a copy prior to it being filed).
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Old 06-17-2017, 04:11 PM
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I am under the impression my affidavit response is what my lawyer is submitting. We have gone over it a few times as well as the exhibits. I don't know what else I should be questioning my lawyer in? How she manages to get my point across in 10 min? How she plans to bring forward proof that I have followed the agreement and my ex has not?
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Old 06-17-2017, 04:15 PM
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This is causing some major frustration, sick and stressed out. My ex needs to be caught in her lies!!!

At the end of the day I know that I have been following the agreement to the best of my ability. Paying support on time everytime. Disclosing income tax returns and tried to ask my ex how she wanted proceed with her telling me to keep support the same. So I did. But I continued to pay the same even though my income dropped so there are no arrears at all.

How does that get proven in 20 min?
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Old 06-17-2017, 04:17 PM
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A competent, experienced lawyer can present an argument in very short amount of time. This is where you get what you paid for (inexperienced lawyer will get talked over by the other lawyer). You should go watch the lawyer in action as it may determine whether or not you want to continue to retain her.

Attachments of proof of payment would be important.

Without any corroborating evidence this is merely a 'he said, she said' circular argument where neither party will do very well.

Your lawyer would have likely reworded your affidavit and organized (shortened) it?

You should, of course, receive and approve any document before it is entered into court.
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Old 06-17-2017, 04:20 PM
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Would my lawyer be utilizing my exhibits in morning chambers? If so that gives me a tremendous amount of relief.

I am receiving all the documents next week prior to her submission. Thus far have been very happy as she has pointed things out that should be included in my affidavit.
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Old 06-17-2017, 04:24 PM
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Quote:
Originally Posted by Tandem80 View Post
This is causing some major frustration, sick and stressed out. My ex needs to be caught in her lies!!!

At the end of the day I know that I have been following the agreement to the best of my ability. Paying support on time everytime. Disclosing income tax returns and tried to ask my ex how she wanted proceed with her telling me to keep support the same. So I did. But I continued to pay the same even though my income dropped so there are no arrears at all.

How does that get proven in 20 min?
In 5 minutes or less:

A simple statement that you have paid in accordance with the separation agreement (date). Attached hereto (exhibit xxx) are tax returns and NOAs for past 3 years (2014, 2015, 2016). Attached hereto (exhibit xxx) is statement from the Director of Maintenance Enforcement (exhibit xxx) for year 2013, 2014, 2016.

You can print off any statements from MEP Alberta and attach them. Alberta judges rely on this and accept as evidence.

Simple.
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