Announcement

Collapse
No announcement yet.

how to fille form 23C - Affidavit for uncontested trial

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • how to fille form 23C - Affidavit for uncontested trial

    I am a bit confused about this form.

    Point # 1 in the form says :

    1. I am the applicant in this case.

    and the remaining questions in the form assumes that the form is filled by the Applicant.

    In the original application I was the respondent. Now Although I have filed the Motion to Change application but according to rules my role is still as the respondent in the motion to change.

    Now I am trying to fill the 23c form and but the template assumes that the Affadavit is filled by the Applicant.

    How do I fix this problem. In all the cases below , in my situation , the respondent has to be replace by Applicant, if the form is being filed by the respondent.


    Here are the example questions I am having problem with :

    1. I am the applicant in this case.



    The respondent and I were:
    married on (date)
    separated on (date)
    started living together on (date)
    never lived together.


    6. An order giving the respondent access to the children
    7 My application/motion is not being served on the respondent for the following reasons:

  • #2
    You will always be the "respondent" . You are not the applicant. You are the "moving party".

    It's just a template. I would just replace that sentence with:

    I am the respondent in this case.

    ...

    The applicant and I were married on ...
    ...
    Last edited by trinton; 12-12-2016, 01:17 AM.

    Comment


    • #3
      Originally posted by trinton View Post
      You will always be the "respondent" . You are not the applicant. You are the "moving party".

      It's just a template. I would just replace that sentence with:

      I am the respondent in this case.

      ...

      The applicant and I were married on ...
      ...
      thank you Trinton ! thats also the law clerk in the court told me

      I have one more question .

      How do I note the other party in to default ?
      I do not want to request 14b at this point . But I just want the Judge and the other party to know that they are into dedault ?

      I am hearing different ways to do it ?

      can i just file new 14a for that purpose ?

      Comment


      • #4
        Originally posted by sunny101 View Post
        thank you Trinton ! thats also the law clerk in the court told me

        I have one more question .

        How do I note the other party in to default ?
        I do not want to request 14b at this point . But I just want the Judge and the other party to know that they are into dedault ?

        I am hearing different ways to do it ?

        can i just file new 14a for that purpose ?
        Not sure about that. May want to pm orleanslawyer

        Sent from my SM-G935F using Tapatalk

        Comment


        • #5
          No 23C on a Motion to Change

          I know this is old, but for others coming across it:

          you don't do a 23C on a Motion to Change. 23C is for uncontested trial - the trial has already happened, in one form or another. That's how the final order was generated that is being varied.

          it's just a 14B to get the judge to sign off on it. the Responding Party did not file a Response to Motion to Change, so no need to serve it.

          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