Motion Procedure

[mominont]

How long does it take to get a court date to process a motion?

I'm sure my custody issues, are going to become a long long process - which I know is "normal".

November 2006 case conference, Office of Children's Lawyer recently completed her assessment May 2007. My lawyer informed me that it would be 3 or 4 months to get a court date for a Settlement conference - that would be probably September 2007. Then if the issues go to trial we're looking at possbily September 2008 or early 2009.

3 Years to complete the custody process, at least it gives me the opportunity to try and save money for each court appearance.

mominont

[littleman]

3 to 4 months for settlement conference seems like a long time.....its probably your lawyers timetable not the courts.......your case can be settled at that time.....mine was......settled and finalized.......court sent papers to FRO also......from start to finish I believe mine was around 8 to 9 months total for custody case....divorce was mandatory one year separation then 90 days to finalize it.........

[mominont]

What were the outstanding issues at your settlement conference? Did you and your ex come to an agreement on any issues beforehand?

mominon

[logicalvelocity]

mominont,

You already have had a case conference. Why not bring forth an interim motion in lieu of a settlement conference.

If the Registrar permits the motion without having to schedule another case conference, depending on the court - I'm guessing 2-3 months for a regular motion.

Perhaps the Judge may have recommended further settlement conference or proceed by way of motion. Definitely check the endorsement page to find out.


lv

[mominont]

Where would I find the endorsement page?

Thanks
mominont

[littleman]

the endorsement page is what the judge ordered to happen.........in mine it was a mediator.........I declined it whereas it was going to cost me and whatever is brought up in mediation cannot be brought up in court proceedings........no there was no settlement prior to from my ex..there was daycare costs....unpaid CS......custody.......unclaimed income that he wasnt paying support based on........I was self represented and won on all accounts.......not without the help of many from here...especially LV.......great advice and great links provided to strengthen your stance.........I soaked up every piece of advice that was offered like a sponge because I knew in the end it was well worth it.......MY CHILD

[GGG]

It has been my experience that the judge's endorsement page is actually hand written by the judge.

[mominont]

I went down to the courthouse today to see the endorsement page.

The only endorsement was to get the Office of the Children's Lawyer involved.

The lady at the counter was mildly surprised there wasn't anything else. But hey the judge was in a little rush that day, he had to be somewhere at 3:30 and left court at 3:30.

mominont

[logicalvelocity]

mominont,

I believe you could perhaps bring forth an interim motion on the matter. Check with the Registrar if you have to schedule another case conference before motion.

lv

[mominont]

Another case conference?

If so..that would be 2 case conferences, then a settlement conference?

mominont

[logicalvelocity]

mominont,

Rule 14 is specific.

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

RULE 14: MOTIONS FOR TEMPORARY ORDERS

WHEN TO MAKE MOTION

14. (1) A person who wants any of the following may make a motion:

1. A temporary order for a claim made in an application.

2. Directions on how to carry on the case.

3. A change in a temporary order. O. Reg. 114/99, r. 14 (1); O. Reg. 544/99, s. 6; O. Reg. 89/04, s. 6 (2).

WHO MAY MAKE MOTION

(2) A motion may be made by a party to the case or by a person with an interest in the case. O. Reg. 114/99, r. 14 (2).

PARTIES TO MOTION
(3) A person who is affected by a motion is also a party, for purposes of the motion only, but this does not apply to a child affected by a motion relating to custody, access, child protection, adoption or child support. O. Reg. 114/99, r. 14 (3).

NO MOTION BEFORE CASE CONFERENCE ON SUBSTANTIVE ISSUES COMPLETED

(4) No notice of motion or supporting evidence may be served and no motion may be heard before a case conference dealing with the substantive issues in the case has been completed. O. Reg. 89/04, s. 6 (3).

unless Urgency or hardship is an issue.

URGENCY, HARDSHIP ETC.

(4.2) Subrule (4) does not apply if the court is of the opinion that there is a situation of urgency or hardship or that a case conference is not required for some other reason in the interest of justice. O. Reg. 202/01, s. 4 (1); O. Reg. 89/04, s. 6 (4).

lv

[littleman]

mominont

not neccessarily would it be that way........I did the case conference then had another one scheduled and at that one is when the judge brought down final custody order and decision on all other claims against my ex.........and he didnt even show up......what I would have given to see his face when he lost custody to me.......but that was then....his personal issues have no bearing on me anymore until they effect my child then I pounce like a cat on him.......anyways you could be surprised to go to 2nd conference and it all be settled then & there.......