Rule of Law for Adjournments

[Kenny]

In order to obtain an adjournment for a Notice of Motion hearing, a Form 14B - Motion Form must be submitted. The motion request must be based on a Rule of Law.

I checked the Family Law Act and could not find an applicable section.

Does anyone know what Rule of Law applies to Adjournment in Family Court?

Thanks.

Ken

[Mess]

Your question is either too specific or not specific enough.

There are dozens, probably thousands, of reasons "in law" why there could be an adjounment.

For example there are paragraphs like this

(a) the court may issue a warrant for the person’s arrest, to bring the person before the court, and adjourn the case to await the person’s arrival

all through various acts and list of rules. So in this case reason in law is to await the person's arrival, according to Rule 32 1 (a) of the Court Rules.

So why do you want to adjourn, and is that sufficient reason within the court rules to adjourn, and according to what rule/subsection?

I don't blame you if this is giving you a headache, so just ask the duty counsel at the court, this is precisely the kind of simple, short, proceedural question they are there for.

[#1StepMom]

Technically, you don't need a Form 14B. (Been there recently, also thought we needed to file 14B.)

To obtain an adjournment, the easiest way is as follows:

Call the trial co-ordinator's office and ask for other available dates to which you can adjourn your conference or trial.

Once you have several available dates on hand, write a letter to the other party explaining why you cannot attend the scheduled court date (perhaps provide proof if available) and indicate the available dates. Ask if he/she would agree to an adjournment to one of those dates, and which 3 dates are his/her top choice.

If the other party consents (agrees) to an adjournment, simply fax a Confirmation form to the trial co-ordinator indicating that you are requesting an adjournment on consent to [date] for [reason]. (They like you to list 3 possible dates and briefly yet clearly explain the reason.)

If the other party does not consent to an adjournment, you will still need to fax a Confirmation form to the courthouse indicating that you are requesting a contested adjournment for [reason]. With that, you will need to file an Affidavit outlining the reasons for your request. You or your agent (someone who you advise the court will stand in your place) will still need to attend court on the originally scheduled date... however, it will then be up to the judge to decide whether to adjourn or to hold the conference/trial.

Either way... I suggest you call the trial co-ordinator's office of the courthouse where your case is filed and ask them how to proceed. They are very helpful and will tell you exactly what forms to fax where.

Good luck!