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Notice of Motion

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  • Notice of Motion

    I received a notice of motion last week via email on August 19, 2020. Yesterday which I believe was the last day to file 14B, I received an email from the Applicant's lawyer stating "Please note I have received communications from the court, and am following up regarding motion date availability. Once a motion date has been set I shall reserve the notice of motion"... what does this mean?.I asked the lawyer if that means I should not file my response and she said yes.

    I will be leaving the country on September 05, 2020, and I want the courts to address the issue of where the child will be attending school in September, private or Public. Is it possible to file a separate emergency motion?

    I contacted the court clerk this morning to ask about the Applicant's motion and she stated that there is nothing on file, it could be not in the system yet.

    Please advise, i need to make decision today on how to proceed.

  • #2
    The dates of service/filing count back from the actual appearance date of a 14 motion. So you arenít out of time. If it was a 14b motion from the other side (which are not heard in person), then respond with your affidavit. Although, my court is treating all motions as presumptively in writing. If you want something done before School starts in less than two weeks then yes, file an urgent motion. I filed a 14b three or four weeks ago on a simple procedural matter and STILL have not heard back.


    • #3
      It means they are seeking a date for a motion and will advise accordingly. My husbandís ex did this in august several years ago and then received a date in october a few weeks into september. With the courts so backed up expect a motion date later this year. When they advise you of that date, the timelines for filing are set.

      As for school, youíve got less than two weeks. I doubt you will get an emergency motion date in time for the start of school at this time. You will either have to follow the agreement if it stipulates how decisions are made or suggest mediation. Call the court and see when the next date for emergency motions is.


      • #4
        Thanks Tilt and Rockscan, much appreciated, the order states that if the Applicant wants to place the child in a private school, she can do so and i do not have to pay.


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