Hi everyone, so my step-son came this weekend which was great. Unfortunately it involved 34 emails but still we got to see him. On Friday my partner called a number the court had given him where he got 30 minutes of free legal advice just to confirm if he's on the right track, next steps, etc. and ultimately decide if he should re-hire his lawyer. 30 minutes was obviously not enough time to get complete answers but the lawyer said that he should file a Motion for Summary Judgment right after the case conference to dismiss her application on the basis that she doesn't have a material change in circumstances. After he had explained the whole situation there wasn't a whole lot of time to discuss this motion so we had a couple questions.
First - are there any risks/benefits to filing a motion like that at this stage? He said since she never even mentioned a material change in her application, didn't file any evidence with the application and didn't file a reply it should be a fairly straight forward motion but it seems nothing is straight forward in family law...
Second - if he files that does this mean this his counter application for contact only through Our Family Wizard, no badmouthing, etc. gets dismissed as well? It seems silly to pay for a motion to dismiss her application but then have to pay for another motion to get those things.
Third - this is not related to the summary judgment. One of the things she's claiming in her application is a couple of Section 7 expenses for 2 school trips including spending money, supplies for the trip like travel toothpaste, etc. He asked for receipts as part of her financial disclosure. On her taxes she has claimed thousands of dollars in child care, activities, etc. but never asked for any money for any of that (we know she didn't pay for that child care because she listed her mother using her maiden name who lives two hours away). She refused to provide the receipts and seems to think he's going after the child care issue to get her in trouble (which he's not) but don't you have to provide receipts to the court for any section 7 expenses you are claiming? The only thing she gave was the receipt for the school uniforms.
And is he right to assume spending money (we also gave him some), supplies, etc. are not eligible Section 7 expenses? She gets almost $1000 a month in support and the school trips were $400 and $600 but she tacked on $200 for the first one for the other stuff and $150 for the second one. He offered his pro rata share of the uniforms but she refused it because he wouldn't pay for shoes, belts, undergarments, etc.
She's also asking for money for ski lessons for their son. It's a family ski lesson with her and her partner and she wants him to pay his share. He had a standing offer of $300 for it (the actual lessons with equipment rental was about $500) but she refused and said that it was going to be about $3000 including the brand new equipment (he has NEVER skied before), lessons, a lift ticket for the season and a snowsuit. Is he obligated to contribute to all this when it is a family thing for them?
Thank you!!
First - are there any risks/benefits to filing a motion like that at this stage? He said since she never even mentioned a material change in her application, didn't file any evidence with the application and didn't file a reply it should be a fairly straight forward motion but it seems nothing is straight forward in family law...
Second - if he files that does this mean this his counter application for contact only through Our Family Wizard, no badmouthing, etc. gets dismissed as well? It seems silly to pay for a motion to dismiss her application but then have to pay for another motion to get those things.
Third - this is not related to the summary judgment. One of the things she's claiming in her application is a couple of Section 7 expenses for 2 school trips including spending money, supplies for the trip like travel toothpaste, etc. He asked for receipts as part of her financial disclosure. On her taxes she has claimed thousands of dollars in child care, activities, etc. but never asked for any money for any of that (we know she didn't pay for that child care because she listed her mother using her maiden name who lives two hours away). She refused to provide the receipts and seems to think he's going after the child care issue to get her in trouble (which he's not) but don't you have to provide receipts to the court for any section 7 expenses you are claiming? The only thing she gave was the receipt for the school uniforms.
And is he right to assume spending money (we also gave him some), supplies, etc. are not eligible Section 7 expenses? She gets almost $1000 a month in support and the school trips were $400 and $600 but she tacked on $200 for the first one for the other stuff and $150 for the second one. He offered his pro rata share of the uniforms but she refused it because he wouldn't pay for shoes, belts, undergarments, etc.
She's also asking for money for ski lessons for their son. It's a family ski lesson with her and her partner and she wants him to pay his share. He had a standing offer of $300 for it (the actual lessons with equipment rental was about $500) but she refused and said that it was going to be about $3000 including the brand new equipment (he has NEVER skied before), lessons, a lift ticket for the season and a snowsuit. Is he obligated to contribute to all this when it is a family thing for them?
Thank you!!
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