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Parties to Motion...does new partner apply?

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  • Parties to Motion...does new partner apply?


    It is my understanding that "a person affected by motion is also a party, for purposes of the motion only".
    I am in court; issue of custody was decided, however now I am back in court on a relocation matter involving kids. This issue before court involves my spouse as well since it is also due to their new job prospect.
    Does this make my new spouse "party" or is it "third party" ? I do not know.

    Reason I ask is, would spouse be allowed to speak before the judge? I would like my spouse's support on court day.
    How do I indicate this in my Affidavit?(as I am responding to an emergency motion that is returning to court soon)
    Should I indicate anywhere so that judge knows that spouse will speak too?
    OR is it assumed that since the kids are mine my new spouse cannot speak before court on the matter?

    I am having difficulties interpreting the quote above.

    Thank you for your help.

  • #2
    in limbo,

    Have your new spouse do up their own affidavit and serve and file into the record. It is more credible if its done in that way basically because the new spouse could be cross examined on what they put in their affidavit.



    • #3
      Hello.... Lv, one more question on this....and anyone of course who can help!

      As I prepare Case Conference Brief, section 19 says "Have all the persons who should be parties in this case been added as parties?" Yes/No

      I gather, since my issue is about relocating the family I can and should include my partner (I am assuming that if I don't do this my partner will NOT be permitted to speak at all, including participate in the Case Conference I right?(1) what are your thoughts?

      So, is new hubby seen as appropriate since @ issue is their job and my kids with an Ex?

      Many thanks, always
      In limbo.


      • #4
        In limbo,

        Check No - and explain in a paragraph why you would like to add the individual. Most likely the court will not add the individual, but by doing this will bring the courts attention for the nature of the move.



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