Announcement

Collapse
No announcement yet.

Case conferences, motions and Brampton court

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Case conferences, motions and Brampton court

    We have a case conference scheduled in several months. I suspect it will resolve very little. I have been told that you cannot schedule motions until after you meet with judge at case conference but others have said otherwise. Just wondering what is really true? I would like to have motions put forward for custody and sale of the home asap.

    Also does anyone have experience at Brampton court and more specifically views of male applicants?

    Any help would be appreciated.

  • #2
    I don't know who "someone" is, but if they know how to schedule a motion hearing before you've had a case conference, we would all love to hear how it's done.

    Comment


    • #3
      Thanks Mess - "someone" was individual I spoke to at a men's meeting. Up to this point has been pretty reliable.

      Comment


      • #4
        Thanks Mess - I'll take that as a no motions until first case conference. "Someone" was individual at men's meeting who has been pretty reliable on most things.

        Comment


        • #5
          It's possible to go for an emergency motion. Get there early, the judge hears emergency motions on a first-come, first-serve basis. It has to be a legitimate emergency, something that will materially affect the circumstance immediately. Like the ex moving out of town with the kids next week kind of emergency. However that is not "scheduling" a motion.

          I don't want to slag your friend, but if they want to say it's possible, they should tell you explicitly how it's done.

          AFAIK there is no possible way.

          Comment


          • #6
            Originally posted by Dee1973 View Post
            We have a case conference scheduled in several months. I suspect it will resolve very little. I have been told that you cannot schedule motions until after you meet with judge at case conference but others have said otherwise. Just wondering what is really true? I would like to have motions put forward for custody and sale of the home asap.
            Well, the only time you can bring forward a motion prior to a case conference is if it is an "emergency" motion. I highly recommend that you talk to a lawyer before even considering filing an "emergency" motion and ONLY do it if there is a true emergency. Such as that a child may be abducted and you have proper cogent and relevant evidence to bring forward. Many people try to file "emergency" motions and the vast majority are bogus.

            You can get yourself into a LOT of hot water if you file an improper "emergency" motion.

            Originally posted by Family Law Rules
            URGENCY, HARDSHIP ETC.

            (4.2) Subrule (4) does not apply if the court is of the opinion that there is a situation of urgency or hardship or that a case conference is not required for some other reason in the interest of justice. O. Reg. 202/01, s. 4 (1); O. Reg. 89/04, s. 6 (4).

            (5) Revoked: O. Reg. 89/04, s. 6 (5).
            OTHER MOTIONS

            (6) Subrule (4) does not apply to a motion,
            (a) to change a temporary order under subrule 25 (19) (fraud, mistake, lack of notice);
            (b) for a contempt order under rule 31 or an order striking out a document under subrule (22);
            (c) for summary judgment under rule 16;
            (d) to require the Director of the Family Responsibility Office to refrain from suspending a licence;
            (e) to limit or suspend a support deduction order;
            (e.1) in a child protection case;
            (e.2) made without notice, made on consent, that is unopposed or that is limited to procedural, uncomplicated or unopposed matters (Form 14B);
            (e.3) made in an appeal;
            (f) for an oral hearing under subrule 37 (8) or 37.1 (8); or
            (g) to set aside the registration of an interjurisdictional support order made outside Canada. O. Reg. 114/99, r. 14 (6); O. Reg. 56/03, s. 2; O. Reg. 91/03, s. 4; O. Reg. 89/04, s. 6 (6); O. Reg. 151/08, s. 3.
            Originally posted by Dee1973 View Post
            Also does anyone have experience at Brampton court and more specifically views of male applicants?
            Do not concern yourself with gender and all the junk out there on the internet regarding biased courts. If you present your case properly and present yourself as a parent then you will be judged as a parent.

            In fact, the Brampton Superior Court is probably (my personal opinion) one of the best courts to be in front of for Family Law. The judges that preside there take no BS and will demolish any stupidity fast.

            Brampton Superior Court is quite possibly the largest court house in our country hearing Family Law matters... (Toronto may be larger but, not sure.) The judges are fine tuned to detect hearsay, delusional litigants and they do not mix words.

            Good Luck!
            Tayken

            Comment


            • #7
              Originally posted by Mess View Post
              It's possible to go for an emergency motion. Get there early, the judge hears emergency motions on a first-come, first-serve basis. It has to be a legitimate emergency, something that will materially affect the circumstance immediately. Like the ex moving out of town with the kids next week kind of emergency. However that is not "scheduling" a motion.

              I don't want to slag your friend, but if they want to say it's possible, they should tell you explicitly how it's done.

              AFAIK there is no possible way.
              LOL! Beat me by 3 minutes on this one.

              Comment


              • #8
                Yeah, but you quoted the legislation.

                Comment


                • #9
                  Thank you both - situation would not pass the emergency test. I was thinking more along the lines of sending offers to settle prior to case conference, using these at CC to either obtain interim orders and more likely to have motions to hear the items soon after I.e. Not wait more months to hear motions. So sounds like a fairy tale?

                  Thanks Tayken will not buy into the whole gender thing - especially if I present myself as a respectable, professional, caring, loving father. Which is the case! Well good to hear your comments re: Brampton court - too bad they are so busy that you have wait 4 months! I guess business is booming....lol

                  Comment


                  • #10
                    Originally posted by Dee1973 View Post
                    Thank you both - situation would not pass the emergency test. I was thinking more along the lines of sending offers to settle prior to case conference, using these at CC to either obtain interim orders and more likely to have motions to hear the items soon after I.e. Not wait more months to hear motions. So sounds like a fairy tale?
                    I hate to shatter your world but, only technical issues can be addressed at a Conference and not substantive issues unless there is consent by both parties in the matter.

                    But, I highly recommend you do send in proper Offers to Settle in accordance with the Rules (Family Law Rules). If you need recommendations on what to be offering in your matter just post the questions.

                    Basics.

                    50-50 access
                    full joint custody
                    2-3-3 or 2-2-5-5 schedule

                    If you search the threads on this website you will find ample information on the basics for custody and access as well as equalization, CS and SS.

                    Originally posted by Dee1973 View Post
                    Thanks Tayken will not buy into the whole gender thing - especially if I present myself as a respectable, professional, caring, loving father.
                    Key point... Always remember what defines the "best interests" for children is found in the Children's Law Reform Act of Ontario:

                    Children's Law Reform Act, R.S.O. 1990, c. C.12

                    Originally posted by CLRA Section 24.(1)
                    Merits of application for custody or access

                    24.(1) The merits of an application under this Part in respect of custody of or access to a child shall be determined on the basis of the best interests of the child, in accordance with subsections (2), (3) and (4). 2006, c. 1, s. 3 (1).

                    Best interests of child

                    (2) The court shall consider all the child’s needs and circumstances, including,
                    (a) the love, affection and emotional ties between the child and,
                    (i) each person entitled to or claiming custody of or access to the child,
                    (ii) other members of the child’s family who reside with the child, and
                    (iii) persons involved in the child’s care and upbringing;
                    (b) the child’s views and preferences, if they can reasonably be ascertained;
                    (c) the length of time the child has lived in a stable home environment;
                    (d) the ability and willingness of each person applying for custody of the child to provide the child with guidance and education, the necessaries of life and any special needs of the child;
                    (e) the plan proposed by each person applying for custody of or access to the child for the child’s care and upbringing;
                    (f) the permanence and stability of the family unit with which it is proposed that the child will live;
                    (g) the ability of each person applying for custody of or access to the child to act as a parent; and
                    (h) the relationship by blood or through an adoption order between the child and each person who is a party to the application. 2006, c. 1, s. 3 (1); 2009, c. 11, s. 10.
                    This is the test that Judges apply on the balance of probabilities.

                    Originally posted by Dee1973 View Post
                    Which is the case! Well good to hear your comments re: Brampton court - too bad they are so busy that you have wait 4 months! I guess business is booming....lol
                    Lots of families in the area so lots of disputes that go to court there. But in my personal opinion the Family Law Judges there are some of the best.

                    Brampton, Hamilton, Niagara (Justice Quinn!) and Toronto all have well rounded family law judges.

                    Good Luck!
                    Tayken

                    Comment

                    Our Divorce Forums
                    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                    Working...
                    X