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Form 14B - Motion without Notice question

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  • Form 14B - Motion without Notice question

    I have a procedure question regarding bring forward a form 14B motion without notice to the other party.

    The background...
    I initiated a motion to change (form 15 and 15A) around child support as my oldest has graduated university and working full time in her field of studies.

    I also requested a change in child support as my middle child (19 years old) is living with me on a full time basis and has been since July 2018.

    When I attended the first appearance on May 16, the other parties lawyer drafted up a written letter asking for an extension of a week to file there response. There were tax documents that were missing so they could not file on time. I consented to week extension and signed the document.
    The assurance would be that I could call the trial coordinator the following week (May 24th as noted on the hand written letter) and schedule a DRO hearing or case conference.

    When I attempted to setup the DRO/case conference, I was informed that they still have not filed there material.

    Can I file a form 14B and proceed without them?

    They have been dragging out a very simple process for over 9 months.
    I can't understand why there are rules for filing and they can be completely ignored without any recourse. I'm self represented and have to take time off work to wait at the court house only to face continuous delays.

    Thanks in advance.

  • #2
    A motion without notice is used when you or your child is in danger, you have strong evidence your child is about to be removed from their normal residence, or major assests are being moved out of country. So it doesn’t sound appropriate here.
    If the trial co-ordinator allows you to schedule, then schedule an appearance and be sure to ask for costs in your motion. They may come prepared. Next time they ask you to sign on consent for an adjournment include a line that you received $XXX for costs thrown away.


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