Background: high conflict separation with parallels to LF32's story.
I've filed a motion (children's counselling - 2nd time, contempt - multiple non-compliance of Orders, parenting time..)
OP has not filed answer (47 days from date of service). OP and myself are self-repping. I understand the Family Law Rules (below) provides 30 days for answer to motion. Seems consequences set out in paragraphs 1 - 4 apply, pursuant to subrule 1 (8.4), with necessary changes?
Question: anyone care to share experience or insight on what my next step should be and what form to file?
Appreciated!
_________________________________________
FAMILY LAW RULES - ONTARIO
RULE 10: ANSWERING A CASE
SERVING AND FILING ANSWER
10. (1) A person against whom an application is made shall serve an answer (Form 10, 33B, 33B.1 or 33B.2) on every other party and file it within 30 days after being served with the application. O. Reg. 114/99, r. 10 (1); O. Reg. 91/03, s. 2; O. Reg. 519/06, s. 4.
NO ANSWER
(5) The consequences set out in paragraphs 1 to 4 of subrule 1 (8.4) apply, with necessary changes, if a respondent does not serve and file an answer. O. Reg. 322/13, s. 6; O. Reg. 142/14, s. 5.
RULE 1: GENERAL
CONSEQUENCES OF STRIKING OUT CERTAIN DOCUMENTS
(8.4) If an order is made striking out a party’s application, answer, motion to change or response to motion to change in a case, the following consequences apply unless a court orders otherwise:
1. The party is not entitled to any further notice of steps in the case, except as provided by subrule 25 (13) (service of order).
2. The party is not entitled to participate in the case in any way.
3. The court may deal with the case in the party’s absence.
4. A date may be set for an uncontested trial of the case. O. Reg. 322/13, s. 1.
I've filed a motion (children's counselling - 2nd time, contempt - multiple non-compliance of Orders, parenting time..)
OP has not filed answer (47 days from date of service). OP and myself are self-repping. I understand the Family Law Rules (below) provides 30 days for answer to motion. Seems consequences set out in paragraphs 1 - 4 apply, pursuant to subrule 1 (8.4), with necessary changes?
Question: anyone care to share experience or insight on what my next step should be and what form to file?
Appreciated!
_________________________________________
FAMILY LAW RULES - ONTARIO
RULE 10: ANSWERING A CASE
SERVING AND FILING ANSWER
10. (1) A person against whom an application is made shall serve an answer (Form 10, 33B, 33B.1 or 33B.2) on every other party and file it within 30 days after being served with the application. O. Reg. 114/99, r. 10 (1); O. Reg. 91/03, s. 2; O. Reg. 519/06, s. 4.
NO ANSWER
(5) The consequences set out in paragraphs 1 to 4 of subrule 1 (8.4) apply, with necessary changes, if a respondent does not serve and file an answer. O. Reg. 322/13, s. 6; O. Reg. 142/14, s. 5.
RULE 1: GENERAL
CONSEQUENCES OF STRIKING OUT CERTAIN DOCUMENTS
(8.4) If an order is made striking out a party’s application, answer, motion to change or response to motion to change in a case, the following consequences apply unless a court orders otherwise:
1. The party is not entitled to any further notice of steps in the case, except as provided by subrule 25 (13) (service of order).
2. The party is not entitled to participate in the case in any way.
3. The court may deal with the case in the party’s absence.
4. A date may be set for an uncontested trial of the case. O. Reg. 322/13, s. 1.
Comment