Application process??

[Exquizique]

Have a question about the application process that perhaps some of you here with more experience and knowledge can answer:

An application for custody and support was filed with the court in mid-April this year. Respondent gets served in mid-August the applications and documentation/details filed back in April. What happens next???? I thought once an application was filed the applicant has X number of days to serve respondent???

[Boyz5]

Yes, I'd like to know, too, what form I use and how to respond to my ex's application response that he served me with 2 days ago....Sorry didn't mean to hijack here ...I'd be interested in hearing what the next steps are supposed to be.

[Mess]

After an Application, the other party files a Response (Form 10) within 30 days.

When the Response is received, the Applicant will file a Form 10a Reply.

If there is no response, it's possible that your application will just go through as no contest, but I've never heard of such a thing. I guess it is possible. Most people aren't stupid enough to just do nothing.

[Exquizique]

After an Application, the other party files a Response (Form 10) within 30 days.

When the Response is received, the Applicant will file a Form 10a Reply.

If there is no response, it's possible that your application will just go through as no contest, but I've never heard of such a thing. I guess it is possible. Most people aren't stupid enough to just do nothing.

Ok, i get the part where after the application is SERVED on to the Respondent, a response has to be filed within 30 days.

However, after an application has been submitted to court, when or within what time limit (if there is one) does it have to be SERVED to the Respondent???

I looked through the family law rules and it only says to be served "immediately" in one short sentence ...

Just a little confused. The Respondent has just been served this week with an application that was filed back in md-April.

Anyone???

[wretchedotis]

A Guide to Procedures in Family Court - Ministry of the Attorney General

[Exquizique]

A Guide to Procedures in Family Court - Ministry of the Attorney General

Thanks, i went through that with a fine tooth comb, but doesn't really answer my question still ...

Anybody??? Any idea???

[wretchedotis]

By my understanding, a document must be served before being filed at court.
So I cannot answer your question.

I again point you to the link I suggested. All the info is there. I promise.

[formyGirls]

By my understanding, a document must be served before being filed at court.

I agree. I seem to remember going through this. I made affidavits for my contempt motion, and had them signed by a lawyer at the FLIC at the courthouse. While I was there, thought I would file them, then serve the ex. NOPE. Had to serve the ex first, then file them along with the affidavit of service to get them entered into the record.

Call the courthouse on Monday. They should be able to confirm for sure whether the documents are in the file.

[Exquizique]

Once the documents are filed with court, is when they are assigned a court/case number, correct???

The Respondent was served the documents with the case number ALREADY on the documents ... the documents were dated mid-April.

This is getting stranger and stranger ...

[Exquizique]

Ok, i just read another tip sheet by Law Help Ontario on how to issue, serve and file documents in the Superior Court of Justice.

The tip sheet states that the documents can first be "issued", and then served, and then filed ...

I'm assuming this was what happened in this case, that the application was "issued" 4 months ago, and only now served to the Respondent, in which case the application is only now being "filed" with court????

I'm really confused now.

[wretchedotis]

"If you have all of the necessary forms and have completed them correctly, you must sign and date your application. The clerk will give you a court file number and will

issue your original application by signing and dating the application and applying the court seal to the upper left corner of the form. You must write the court file number in the box provided at the top right hand corner of each page of your forms. You will need to do this for every copy.
After a court file number has been assigned and your application is issued, you must make copies of everything that the clerk returns to you in order to serve a copy on every party named in the case and any other person or agency required to be served. Remember to also make a copy for yourself for your continuing record."

-the above is found through that link I previously mentioned.

You should read it.

As for the date. could just be an error?
Or maybe she did this awhile back and never served you until now?

Are you thinking shes in cahoots with the court already?

[Exquizique]

"If you have all of the necessary forms and have completed them correctly, you must sign and date your application. The clerk will give you a court file number and will

issue your original application by signing and dating the application and applying the court seal to the upper left corner of the form. You must write the court file number in the box provided at the top right hand corner of each page of your forms. You will need to do this for every copy.
After a court file number has been assigned and your application is issued, you must make copies of everything that the clerk returns to you in order to serve a copy on every party named in the case and any other person or agency required to be served. Remember to also make a copy for yourself for your continuing record."

-the above is found through that link I previously mentioned.

You should read it.

As for the date. could just be an error?
Or maybe she did this awhile back and never served you until now?

Are you thinking shes in cahoots with the court already?

Thank you for pointing that out for me! I did read the information contained at your link several times already, throughout an extended period. I guess after a while the words just swim together and the brain becomes mush ...

Nope, the date is definitely not an error. Same date/cluster of dates in the affidavits and financial statement along with the application as well. The information contained in the application are all only "current" as of four months ago as well, not reflecting recent changes and correspondence.