Can I get 1 Judge to Oversee My Whole Case

[momto3]

Is there anyway to get 1 judge to oversee every aspect of my case? Everything seems so fragmented. 1 small issue gets heard in a single motion, and I believe that if 1 judge was on board the incredible amount of lies and differences would finally be seen.

[fieldgrey]

Do you have a case management justice? Generally motions are referred to the case management justice for decisions, depending on availability. But frankly there is no guarantee, and most justices can't memorize all the history of cases to detect the lies you claim anyway. You need to do that work of providing evidence and get endorsements which can be strung together over time so that any judge can see patterns of lies. You should also ask the justice next time you are in front of one about their opinion on your request - they will ask why and explore best path to resolution.

The question though is how important is this ultimately to your case? There isn't enough detail in your post to help figure out an approach.

There are several paths to addressing your situation, but it really depends on the specific nature of your case. If motions become a persistent weapon used by the other party to stall, divert and pester, you can submit a motion of your own asking the court to order that the other party must seek permission of the court to file further motions. This is usually argued with proof that the other party is being 'vexatious'. You can further attempt to argue for a motion which requires all motions to be heard by the case management justice. This would not be easy to argue but you can try. You would need to assemble a strong affidavit to support your claim.

Regardless, any important matters should be heard in person with pleadings and affidavits. If you are on the receiving end of a motion that is by written submission only but you want it heard in person, you can respond with a counter motion and affidavit with strong arguments as to why you think it should be heard in person. It is likely the other party will be forced to refile the motion accordingly. I had to do this on important motions.

Unfortunately motions are an ugly part of the efficiency of the court process. It's like a machine, and justices need to clear their dockets of motions every day - and they want to get home at night at a decent hour. The best approach is to pick the battles, and where the issue is important enough to you you should start the motion and control how it is fought and heard. But always remember that 14B motions are not for permanent orders, only temporary orders and they can be over turned.

Finally, you can use Admits to force out the truth from the opposing party - they become evidence.

But I caution use of any of the above without knowing the history of pleadings and the matters at stake in your case. Defend your case without any assumption you will always have the same justice.

FG

[AtALoss]

Hi Momto3

I believe what you are asking for is that the Judge becomes "Seized of the Matter" In my spouses case the Judge took this upon himself to place himself in this situation. It enables the Judge to be the only one that would make any decisions in the case. Now how you may instigate this yourself unfortunately I dont know. Unfortunatly i dont know as well as to at what point a judge can exercise this right and to what circumstances. So if anyone else has thoughts please say so. As well could your lawyer or self request this?

[raven70]

No, I was involved in a complex family law matter where the Justice who originally decided jurisdiction for our child, stated on record that she wanted to oversee all of our future and support issues.She had the best intentions, but when court was busy we were moved to another Justice. You can't pick or plan for a certain Justice. The court house I was attending in Northern Ontario would even change the family law justice with no notice, to prevent for planning and picking. best of luck.