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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-12-2014, 11:45 AM
Serene Serene is offline
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So mom is back at it today. Claiming she never received our Offer to Settle despite two fax confirmations showing successful delivery to both her and her lawyer on record.

Of course, we send another Offer to Settle expiring today as we'd prefer not to have to proceed with our motion later this week. We have emailed AND faxed to both lawyer on record and Respondent.

If the Offer is accepted by her signing and returning before it expires (Gawd have mercy she will cooperate) we need to prepare a draft Order using form 25. How do we complete the upper portion of form 25 as no one will have appeared in court, no applications were heard, no evidence were heard.... do we just insert "on consent"?
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Old 05-12-2014, 12:34 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
How do we complete the upper portion of form 25 as no one will have appeared in court, no applications were heard, no evidence were heard.... do we just insert "on consent"?
Appeared in court: some people will show up to the motion, state that you have signed minutes of settlement and therefore want the judge to sign the Order. If so, put whoever is attending.

If no one is attending (and you are filing by basket motion), put "not applicable".

Someone is making an application or a motion; it may be the motion is to have an offer to settle converted to an Order.

The judge is seeing something; if it is on consent, the evidence is from both parties who have signed something to present to the judge. "Both parties, on consent".
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Old 05-12-2014, 05:16 PM
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Well mom pretended she didn't get Offer on friday. Our email friday evening said: we had impression that you agreed to the terms of the Order we sought (and she did in her email). But of course she won't carry out the necessary paperwork to shut down the motion that will take place on Friday.

So to court it is.

It's an emergency motion. We have not received any responding materials. We have served her both by email and fax, and the lawyer on record to. Three Offers to settle have also been served and expired.

This is a simple issue - how to share equally 3 weekends that are mentioned in the SA and that mom refuses to share equally with dad...

Can we mention 3 offers have been served in an affadavit without mentioning the terms of them? Can we still proceed with costs despite no offers remaining valid?

Mom has not made any effort to send Offers and yet she provides in an email that she is in agreement to the Order we are seeking....

Advice/thoughts?
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Old 05-12-2014, 07:47 PM
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I hope for your sake (sanity) you get an order for Our Family Wizard to be used in the future. It is purported to be accepted by court and might save you alot of hassle in the future.
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Old 05-12-2014, 10:46 PM
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We have fax confirmations. I'm not worried about her making anyone believe she didn't get them. And of course we served lawyer too. Pretty hard to convince anyone that they didn't get documents. And besides - we have made 3 offers. They have made none. A slippery slope for issues that are already provided for in the SA.
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Old 05-12-2014, 11:43 PM
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So your emergency motion is essentially about enforcement of the SA, specifically the schedule?
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Old 05-14-2014, 12:44 PM
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Someone punch me in the face. Another email from mom today. She agrees to the Order we are requesting word for word. But she refuses to sign any of the 3 offers to settle with IDENTICAL wording to make an Order on Consent.

This is a game. And I fracking hope it will cost her in the end.

We have said over and over - your email will not suffice. You needed to sign the fracking Offers to Settle or put in place the necessary paperwork for an Order on Consent.

And she no longer has a fax. Which is irrelevant as we have been faxing and emailing both the lawyer on record and herself.

#cantchangestupid
#needadrinkmorethanapunchintheface
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Old 05-14-2014, 02:25 PM
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My understanding is you can't use offers to settle for costs if they expired before the motion.

Quote:
COSTS CONSEQUENCES OF FAILURE TO ACCEPT OFFER

(14) A party who makes an offer is, unless the court orders otherwise, entitled to costs to the date the offer was served and full recovery of costs from that date, if the following conditions are met:
1. If the offer relates to a motion, it is made at least one day before the motion date.
2. If the offer relates to a trial or the hearing of a step other than a motion, it is made at least seven days before the trial or hearing date.
3. The offer does not expire and is not withdrawn before the hearing starts.
4. The offer is not accepted.
5. The party who made the offer obtains an order that is as favourable as or more favourable than the offer. O. Reg. 114/99, r. 18 (14).
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Old 05-14-2014, 02:30 PM
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Yes FB we understand that. But she is trying to cancel (or make us cancel) Friday's motion because she sends an email saying she agrees to the items requested for an Order. But the email does not allow the courts to make an Order on Consent. She must provide the necessary paperwork to make an Order on consent or we proceed with motion.

The costs are separate. However, I'm sure a judge would be annoyed by these antics. As all offers to settle were sent multiple times to her and her lawyer she has received 12 to date. If she agrees why hasn't she signed? Because she is uncooperative and using the system as a way to harass and interfere with dad's access. As it stands our travel plans for Friday are on hold - because we have to appear in court AND we really don't know if we will have the kids.

Do you see the issue now? This woman is the definition of HC.
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Old 05-14-2014, 02:30 PM
Serene Serene is offline
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As Orleans Lawyer just said in an earlier post today - if the issues are small (and they are) and she agrees (she does). Then why hasn't she settled?
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