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  • 14B Motion

    Hi,

    We were scheduled for trial in May and unfortunately, the ex was unable to attend because of a medical condition as a result a judge issued an endorsement stating that our case has been removed from the trial list until both parties file a 14B on consent to have it reinstated on the list. The dilemma I am having is decisions for the child are not being made, she is difficult to work, registration deadlines are passing and she is not agreeable to filing a 14B motion on consent to address decision-making for the child.

    I contacted the courts to file a motion 14 and they informed me that i could not do that because there was another endorsement stating that all matters would be resolved via settlement conference and the next available dates are next year in January. The court clerk stated that " file 14B asking that the motion be set without consent from the other side" Can someone explain to me in the lamest terms what this means, thank you in advance.

  • #2
    The clerk stated correctly or incorrectly that all litigation is paused by that endorsement. I did not read the endorsement.

    The clerk is saying you may file a 14b to ask permission fto bring forward particular motions. The judge could say no and assign costs to you, but, if you keep the ask narrow and it is a time sensitive issue that is not a drastic change but a required action the prevents negative consequences for the children then the judge may say “yes”.

    you can always go and unilaterally enrol your child and wait for any possible fall out later like your ex would not respond or was being unreasonable. Case by case basis.

    Comment


    • #3
      Originally posted by guydeluxe2018 View Post
      We were scheduled for trial in May and unfortunately, the ex was unable to attend because of a medical condition as a result a judge issued an endorsement stating that our case has been removed from the trial list until both parties file a 14B on consent to have it reinstated on the list.
      Ignore the child decision dilemma... that's a trial issue now.

      Assuming your ex's medical issues are over and they're able to attend... just file a 14b motion to put you back on the trial list. If it's not on consent, explain that in your affidavit and let ex respond in theirs. The judge will let you know whether ex has a reasonable excuse to further delay trial or whether it can be rescheduled now.

      Comment


      • #4
        Originally posted by StillPaying View Post

        Ignore the child decision dilemma... that's a trial issue now.
        Untrue. Despite the next yet to be scheduled event in the process motions can still be filed, however, to avoid excess litigation those matters should be delayed to trial if possible.

        Originally posted by StillPaying View Post
        Assuming your ex's medical issues are over and they're able to attend... just file a 14b motion to put you back on the trial list. If it's not on consent, explain that in your affidavit and let ex respond in theirs. The judge will let you know whether ex has a reasonable excuse to further delay trial or whether it can be rescheduled now.
        It is unknown what the issue/decision is: It could be an optional medical procedure to be done before age X where one parent is saying "don't do that procedure, if you do I will use it against you. It could be they share an odd schedule where a summer camp is shared and each side is digging their heels in (just pay extra for summer and do what you want on your time). It could be what school to enroll the child in and their is one parent that is being unreasonable. It is simply unknown.

        I do not know what the wording of their current endorsements on decision making so I do not know why guyDelux cannot make the decision on his own or the ex make it on her own.

        The court clerk provided some advice, I presume it is experienced advice based on other motions they have seen.
        Their ex may be well enough to address a 14B item for a simple item but not a trial.
        The ex may be incapable of trial or claiming to be for the next year.

        I don't know why ALL items are being considered trial maters. I don't know why someone would presume to know what new issues guyDelux has.
        If I hear "if you read all his threads" well that is on the guyDelux for not posting the relevant information.

        guyDelux?




        Comment


        • #5
          Thank you to everyone for your input, based on what I am hearing can I request to be put back on the trial list without consent, alternatively, request permission to address issues through motion 14B's

          Comment


          • #6
            What was ex's medical issue and are they ok now?

            The judge would prefer for it to be on consent but ex can't delay indefinitely. Call the court and find out when the next trial sittings are; you most likely have about 4 months still so no rush. If they are ok but still refusing to agree, then file the 14b yourself and let the judge decide.

            What are the child issues you're having?

            Comment


            • #7
              Ex is secretive about medical conditions, the remaining parenting issues are holidays and decision-making; I have not spent holidays with our son since 2019 unless of coz it falls on my regular parenting time.

              Comment


              • #8
                I believe you had the child full time while ex was going through her medical issues. If you're back to shared access, then she's most likely able to attend trial now too. Email her and let her know you'll be filing a 14b to be put back on the trial list and see what she says. If she's back to normal, caring for kid, with school/activities, etc. then there should be no reason why trial couldn't resume.

                You already have an order for shared access and decision making. Any changes to those, including holidays, should be a trial issue now. Get back on the list!

                Comment


                • #9
                  Thank you, she is caring for kid, with school/activities, etc. I will proceed with a request to be put on the trial list.

                  Comment


                  • #10
                    Originally posted by guydeluxe2018 View Post
                    Thank you to everyone for your input, based on what I am hearing can I request to be put back on the trial list without consent, alternatively, request permission to address issues through motion 14B's
                    File the 14Bs for parenting issues BEFORE getting put on the trial list and wait for the endorsements.
                    A judge would look unkindly on motions when a trail is scheduled.

                    Comment


                    • #11
                      Originally posted by donaldD View Post

                      File the 14Bs for parenting issues BEFORE getting put on the trial list and wait for the endorsements.
                      A judge would look unkindly on motions when a trail is scheduled.
                      Stop giving bad advice! The time for motions is over. Everything is a trial issue now.

                      Comment


                      • #12
                        Originally posted by rockscan View Post

                        Stop giving bad advice! The time for motions is over. Everything is a trial issue now.
                        I go through your advice and it is often horrible and screams "I am high conflict" and "I don't know what I am doing" and "no one is allowed to be right unless I say so!"
                        There is no trial scheduled, the delay is indefinite. What you propose is preposterous.

                        I went through this. Twice! Both times the motions were allowed.
                        Step 1. File a 14B asking for items that are deemed important. Make sure they are important outside of your own perspective.
                        Step 2. Judge provides endorsement after determining if the additional motions are allowed to be submitted as motions and what type of motion is allowed.
                        Step 3. Submit motion or by the 14b cost of a few hundred dollars because your filing was petty or pay no cost because it was petty or because you won.

                        It isn't rocket science. It is the law.

                        Comment


                        • #13
                          Originally posted by rockscan View Post

                          Stop giving bad advice! The time for motions is over. Everything is a trial issue now.
                          No. The time for motions is not over. It is like you didn't read the first post and you do not have an understanding of case management.
                          It a trial is scheduled and the matter is not urgent then wait for the trail, but that is not the case here.

                          I go through your advice and it is often horrible and screams "I am high conflict" and "no one is allowed to be right unless I agree!"
                          There is no trial scheduled, the delay is indefinite. What you propose is preposterous.

                          I went through this. Thrice! Twice allowed and once not allowed (opposing motion) and no costs were awarded and I did not have an indefinite delay.
                          Step 1. File a 14B asking for items that are deemed important. Make sure they are important outside of your own perspective.
                          Step 2. Judge provides endorsement after determining if the additional motions are allowed to be submitted as motions and what type of motion is allowed.
                          Step 3. Submit motion or by the 14b cost of a few hundred dollars because your filing was petty or pay no cost because it was petty or because you won.

                          In this case the ex may opt to reply to the 14B and say "I am ready for trial" then the 14B to proceed with trail is much easier.
                          Before fling the 14B guyDeluxe should ask their ex in a form that is admissible as evidence if they will consent to proceeding with a trail. This ex is very likely to say "no" and then put that in the 14B as evidence.

                          guyDeluxe can do what he wants BUT the advice given by StillPaying and Rockscan is not the smartest course of action given the circumstances.


                          It isn't rocket science. It is the law.

                          Comment


                          • #14
                            Originally posted by donaldD View Post
                            No. The time for motions is not over. It is like you didn't read the first post and you do not have an understanding of case management.
                            It a trial is scheduled and the matter is not urgent then wait for the trail, but that is not the case here.

                            I go through your advice and it is often horrible and screams "I am high conflict" and "no one is allowed to be right unless I agree!"
                            There is no trial scheduled, the delay is indefinite. What you propose is preposterous.

                            I went through this. Thrice! Twice allowed and once not allowed (opposing motion) and no costs were awarded and I did not have an indefinite delay.
                            Step 1. File a 14B asking for items that are deemed important. Make sure they are important outside of your own perspective.
                            Step 2. Judge provides endorsement after determining if the additional motions are allowed to be submitted as motions and what type of motion is allowed.
                            Step 3. Submit motion or by the 14b cost of a few hundred dollars because your filing was petty or pay no cost because it was petty or because you won.

                            In this case the ex may opt to reply to the 14B and say "I am ready for trial" then the 14B to proceed with trail is much easier.
                            Before fling the 14B guyDeluxe should ask their ex in a form that is admissible as evidence if they will consent to proceeding with a trail. This ex is very likely to say "no" and then put that in the 14B as evidence.

                            guyDeluxe can do what he wants BUT the advice given by StillPaying and Rockscan is not the smartest course of action given the circumstances.


                            It isn't rocket science. It is the law.
                            For a guy who can't even manage his own case you sure do like to assert your superiority.

                            Like I said, you shouldn't be giving advice. Especially when you see people countering you as high conflict.

                            Comment


                            • #15
                              Thanks to everyone for input , i will highlight decision making in the motiin 14B as our son starts school in September and already there is conflict, after school program and extracurricular activities.

                              Comment

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