Announcement

Collapse
No announcement yet.

Ex failed to respond...what do we do?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ex failed to respond...what do we do?

    My boyfriend served his ex the following: a Form 8 (General Application), Form 35.1 (Affidavit in Support of Claim for Custody or Access) and a MIP notice (Mandatory Infomation Program) on February 21st.

    My boyfriend is representing himself and had a process server deliver the above forms to his ex at her home. She was not happy and told the process server that she had a lawyer and that all papers should have been sent to the lawyer. She followed this up with a text to my boyfriend saying that he "should learn how to play the game". The process server confirmed with us that it was appropriate for the forms to have been delivered directly to her and that it wasn't necessary to serve the lawyer.

    The court date is set for April 11th and my boyfriend will be representing himself.

    Thirty days have passed and we are wondering what happens now? The ex has not responded to the forms at all. She also works in the court system and we are wondering if she might know of a loophole that we don't know about.

    The forms sent are an attempt to address two issues: the first is that the ex is not allowing the son his legal hypenated last name and is telling him to use hers alone, and; we are requesting that she stop interferring with access.

    Since she has chosen not to respond, should we email her lawyer directly? What happens now?

  • #2
    Originally posted by informedmom View Post
    My boyfriend served his ex the following: a Form 8 (General Application), Form 35.1 (Affidavit in Support of Claim for Custody or Access) and a MIP notice (Mandatory Infomation Program) on February 21st.

    My boyfriend is representing himself and had a process server deliver the above forms to his ex at her home. She was not happy and told the process server that she had a lawyer and that all papers should have been sent to the lawyer. She followed this up with a text to my boyfriend saying that he "should learn how to play the game". The process server confirmed with us that it was appropriate for the forms to have been delivered directly to her and that it wasn't necessary to serve the lawyer.

    The court date is set for April 11th and my boyfriend will be representing himself.

    Thirty days have passed and we are wondering what happens now? The ex has not responded to the forms at all. She also works in the court system and we are wondering if she might know of a loophole that we don't know about.

    The forms sent are an attempt to address two issues: the first is that the ex is not allowing the son his legal hypenated last name and is telling him to use hers alone, and; we are requesting that she stop interferring with access.

    Since she has chosen not to respond, should we email her lawyer directly? What happens now?
    Service has happened. They have 7 days prior to the hearing to respond. You will get the response exactly 7 days prior to the motion in April and you will attend at the oral arguments.

    Good Luck!
    Tayken

    Comment


    • #3
      Thanks Tayken.

      What if she decides to ignore the date and not attend? What consequences are there for doing that?

      Comment


      • #4
        Originally posted by informedmom View Post
        Thanks Tayken.

        What if she decides to ignore the date and not attend? What consequences are there for doing that?
        Then the motions judge only has your evidence to go on and can make a decision. Ultimately, though the matter will get rescheduled a few times or moved to trial for decision.

        Repeated non-appearances will end up in an uncontested trial. You take the stand, state your case, and the judge makes an order and it is done.

        Rare for a litigant to not show. If the litigant is represented you will get the materials on the last filing day and it will be loaded with stuff. Be prepared for a massive response with lots of stuff that isn't the purpose of the motion.

        Motions judges have to deal with this all the time.

        Good Luck!
        Tayken

        Comment


        • #5
          This happened with my ex and myself. I also self represented. He didn't show up for the first appearance, it was rescheduled and he didn't show up for the second. Finally the judge made a decision in my favour because he wasn't there to speak for himself. I was even requesting Joint custody and the judge gave me Sole custody. If she doesn't show up she can come across looking irresponsible and the judge does what is best for the child.

          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