Dismiss case for non-disclosure

[AnnainOntario]

My ex-husband filed a "motion to change" his spousal support obligations.
This happened after he received a default notice hearing from FRO. We went to the case conference (both unrepresented)where it was ordered he provide disclosure. At our settlement conference, he came with a lawyer, it was ordered again for him to provide disclosure and his lawyer asked for disclosure from me. Part of what was asked for was ordered. Disclosures were to be provided within 45 days. I provided full disclosure. I have received nothing from him as yet. 45 days was up on June 26, 2010. It is now Aug. 11,2010. Can I get his "motion to change" dismissed? Would the judge order it dismissed at our scheduled trial conference on Sept. 23, 2010 or do I have to do something else i.e motion to dismiss? My concern filing a motion to dismiss is, if I have to explain the reason for every document I have requested, even though our case Judge has ordered them from him. I have good reason but it could be a lengthy hearing and frankly I don't want to have to prepare for it. I have already given the facts on our case and would include it in my motion. I just hope it would be enough, as I believe our case Judge felt it was. Thank you so much for taking the time to help me.

[logicalvelocity]

They won't be too happy that their non-monetary orders are not being followed.

How can the other party expect relief by way of an monetary order when they themselves cannot follow an order of action unto them to provide Disclosure.

Bring up the non-compliance at your next scheduled appearance. If it was me, I wouldn't waste coin and efforts to have it dismissed as I believe, leave would be required for an additional motion for dismissal at this point in case management.

The other side may have reason for non-compliance to date -- but judiciary patience is only going to last so long...

I would send a few letter's requesting that they comply with the non-monetary order prior to the next appearance rather than they waste precious resources of the court.

Use their non-compliance to your advantage.

[AnnainOntario]

Thank you logicalvelocity. I have sent several letters to his lawyer. No response. However, I didn't say anything about wasting resources of the court. What do you mean by "leave would be required for an additional motion for dismissal". Are you saying I would have to get the case judge's permission to file for a motion to dismiss. Does this mean that if I did file a motion to dismiss, the judge wouldn't be able to dismiss the case. I'm representing myself so not alot of coin wasted and I will be seeking costs. Do you know if the case judge at our trial conference can or will dismiss the case. My ex filed almost a year ago and I haven't even received his past 3 years of income tax returns which is required to file. How he got this far???? Thanks again!

[logicalvelocity]

You had a SC right - You're in limbo. Leave is required for a motion. Ask for an 'Order' for Financial Information at your next appearance. Attach your letters of disclosure request to your mandatory brief.

[AnnainOntario]

Yes I have had a SC. The disclosure has been ordered twice already. Was ordered at the CC and SC. Next hearing is the TC. Could you please tell me what a leave and a mandatory brief is. Thank you so much for taking the time to help me.

[limer]

Don't forget to look at the family law rules, specifically rule 19 which deals with disclosure. As opposed to trying to have is case dismissed, you could ask for an order permitting you to get the information yourself from third parties that "also" have this information; i.e. An order for each third person/party to release to you the information your seeking that he will not disclose?

[logicalvelocity]

Your compelled but not absolute to file a formal brief before each conference. See the Family Forms and respective rules. Unless you can wing it on the fly -- I think it would be disastrous if you waived. Seeking leave is asking permission. In your TC Brief - Request leave for a motion for your relief. By the way, you seem to have the Acronyms down precise.