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  • Motion of urgency and hardship

    Hi everyone.Dont no if anyone has had any experience with this.

    I am representing myself in my divorce after spending $8000 on a lawyer that got me nothing.My ex has a lawyer.
    I have registered an urgency and hardship motion(14.2 family rule) to be heard before our first case conference.I want to get the court case transfered to my city.

    My ex left town over 2 years ago to go live with her new boyfriend.She served papers on me to go to court in that city.

    My positon is that my son (23yrs) in the last year has become disabled with an extremliy rare diases.He lives with me(his father).
    I am his sole health care provider.I take him to all his doctor appointments in town which are many and every other month for treatments in southern ontario.I have no family where i live to help me.

    My ex hasn,t spent on minute of her time helping him with his health issues.

    He has monthly chemo therapy treatments(10 in total) and gets very sick after them.He is constantly tired and sick from the various medications he is on.

    Due to this it would be almost impossible to be leaving town to go to court and I'd be staying over night in a motel room away from him.I have been told it could take many court appearences to end this divorce and maybe up to a year.

    The motion is in a few weeks.

    All the paper work has been submitted and the courts accepted the motion of urgency.

    I guess i want to no what my chances are of wining and what i should bring to court for evidence? I assume a judge would want to have proof of my situation and not just my word. Would that be so?

    If i loose would the judge order me to pay her legal fees and court cost for that paticular motion?

    Any help would be greatly appreciated.Thanks to all

  • #2
    You don't say what you are asking for in the motion.

    Court cases are heard in the jurisdiction where the child resides. I would think you should have success transferring the file

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    • #3
      In my motion i am asking for an order to have the divorce case moved to my city.
      Its too hard to look after my disabled son and have to be travaling out of town to do court in another city.
      Thank you so much for the reply.

      Comment


      • #4
        Originally posted by dadtotheend View Post
        You don't say what you are asking for in the motion.

        Court cases are heard in the jurisdiction where the child resides. I would think you should have success transferring the file
        Wouldn't the divorce and child care issue be separate? I hope not for him, I'd think he'd have a good case assuming she would have the ability to travel (the greater need) would hopefully come into play. I would think that even though he's 23, she should pay some sort of CS, as I beleive there are cases out there where CS is being paid for children that are older than 23.

        Good Luck to this fellow, I feel for him.

        Comment

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