court date

[ringettteplayer]

Hi
Anyone know what happens if the respondant does not show up to a special chamber family court date? In Alberta?

Im represented respondant is not

Respondant has not responded to any court orders?

[arabian]

Depends upon which bleeding-heart judge you get.

Many just reschedule and give the no-show the benefit of the doubt. Others go ahead and make a ruling. It's been my experience that the judges in Alberta are extremely lenient to self-represented. Keep your expectations low and you won't be crushed.

Don't be surprised if your ex responds last minute, requesting adjournment to find legal counsel, and so on. They can usually get away with this 3 times (that's been my experience in the past).

[ringettteplayer]

Get out!! Seriously fer f'k sake

How is that even fair? this will be the 3rd adjournment request then if they ask

[ringettteplayer]

And like the 9th total including morning chambers requests back n forth

[arabian]

well if it's their 3rd then I am not off in what I have said.

You mentioned you have legal representation. Your lawyer had better be on his game and be able to explain specifically and clearly to the judge the measures he has taken to serve your ex. Even if that is done, be prepared for the judge to refer it to "case management." I kid you not. If you have the bad luck of drawing a junior judge this will probably happen.

I hope you get a senior judge. It has been my experience that they are much better in moving things along. By 'junior' I mean someone who has just become a judge in the past few years. There are many 'junior judges' who are in their late 50s, have grey hair. Your lawyer will know the difference.

If you do get put over for case management you get a bit of selection on the judge.

I would urge you to have a discussion with your lawyer about this and find out what his plans are in the event it gets put over to case management. That, in itself, is a whole other process.

Keep in mind that while you may get awarded costs someday that does not cover all of your legal bill. This too, should be talked about candidly with your lawyer.

[ringettteplayer]

Ok thanks good grief

Its funny i was wondering why he wasnt nervous and it just seemed to good to be true Too easy to believe
what is tge warning on the bottom of the paper for then warning them if they dobt show up :/ frrrrrussstraaaating as hellll

[arabian]

It may turn out for you. I'm just sharing with you some of my experience as a 'worst case' so you won't be freaked out.

If he doesn't show up you ought to have your motion considered as though he were there. I would put huge emphasis on the word 'considered' though.

Just be prepared for the worst then if things don't go your way then you will be prepared. Your lawyer should have told you this. Maybe have a quick chat with him before you go into court (don't incur extra office-time expense).

Lawyers have many clients and I think, like doctors, they are so focussed on the legal part that they sometimes forget to inform their clients of what they might consider 'mundane day-to-day' courthouse details. You have likely made your lawyer aware that you have received information from this forum and he might therefore assume that you are up-to-speed on what he sees as simple litigation.