Cool Place

[viewfromthecheapseats]

Hello I have a partner who is going through Family Court at the moment.
This site is amazing. I am looking forward to many more opportunities to get helpful information on dealing with Family Court.

I am amazed at the number of people who seem to be self represented in court.

[hadenough]

Hello and Welcome. Family Court is a tiresome, expensive route to go for most of us. Has your partner self-rep'd before? It's best to have qualified legal representation imo, but many choose to self rep for (obvious) financial reasons. There certainly is a ton of information on this site for anyone involved in, or going towards litigation. Good luck

Its

[DeadBeatDouchebagDad]

Confirm any info you read on here with a lawyer!

[Helpinghands]

I agree this site is very helpful. I have been a lurker for almost a year and got great ideas from here. I learnt quite a bit about the legal family law system and now have joined to share my two cents

[viewfromthecheapseats]

Ok folks i have a question? How do we find the form to request an extension on the thirty days allowed to respond to an application? I have had no success with my internet search.

Is there a way to file a response if there are not yet any taxes filed? My partner tried to file his response but was told that they can't be accepted without notice of assessments and income tax forms.

Thanks in advance for any help!

Viewfromthecheapseats

[arabian]

Unless your partner is self-employed, and his income tax is complicated, why not simply file the taxes? Do it online or mail at post office (and get a receipt). Provide the copy of the tax return, proof it was filed, along with T4's and you should be good to go.

[viewfromthecheapseats]

He has been self-employed for the last year and a half. This is part of the problem I think?

Arabian do you have any ideas where I can locate the form to ask for the extension?

Viewfromthecheapseats.

[arabian]

No I don't - what Province do you reside in (perhaps someone else on here can help you).

If in doubt go to your local court house and ask one of the clerks to help you.


If you are familiar with using spread sheet software (Excel for example) you could possibly help your partner by organizing his receipts and categorizing them according to type of expense. Does your partner have a bookkeeper, accountant or does he do his own record-keeping?

[viewfromthecheapseats]

That is a good idea I will talk to him about it! We are in ON, he was told by the court clerk that the form is available online but I haven't been able to locate it. Maybe I need the actual form number?

[standing on the sidelines]

maybe try here

Family Law Rules Forms — Ontario Court Services

[viewfromthecheapseats]

Ok folks another question? How do you know which form to use for financials? 13.1 or 13.0? Other party is making a claim for unjust enrichment and it was a common law relationship.
How do you "read" the form if there is no marriage? How do you properly apply this to a CL situation?

[blinkandimgone]

Ok folks i have a question? How do we find the form to request an extension on the thirty days allowed to respond to an application? I have had no success with my internet search.

Is there a way to file a response if there are not yet any taxes filed? My partner tried to file his response but was told that they can't be accepted without notice of assessments and income tax forms.

Thanks in advance for any help!

Viewfromthecheapseats

You need to go with a consent for late filing. The form isn't available on the justice Canada website, unfortunately. There are two ways to get the form:

1 - call your ex's lawyer and let them know you are requesting consent to late file, they will fill out and send you a form to sign and return.

2 - SOMETIMES the FLIC office will have one that you can use - sometimes. It is part of the divorcemate software so not publicly available.

Or....you can follow this handy dandy link I came up with to get info and a copy of the form...

BLOG.WIKILAWS.CA: Consent to Late Filing

Follow the directions and you'll be fine.

[viewfromthecheapseats]

He went to the FLIC who said since there is no court date yet to serve anyways. I will point him to your website...it looks like it will come in handy. TY so much for that link! Any ideas on how to handle the financials? Do you just give an approximation for dates with a CL situation? Do you basically ignore the terms Marriage and Marital Home?

[blinkandimgone]

Ok folks another question? How do you know which form to use for financials? 13.1 or 13.0? Other party is making a claim for unjust enrichment and it was a common law relationship.
How do you "read" the form if there is no marriage? How do you properly apply this to a CL situation?

Which form did they serve you?

Form 13.0: If you are making or responding to a claim for support but NOT making or responding to a claim for property or exclusive possession of the matrimonial home and it's contents.

Form 13.1: If you are making or responding to a claim for property or exclusive possession of the matrimonial home and it's contents OR you are making or responding to a claim for property or exclusive possession of the matrimonial home and it's contents with other claims for relief.

He went to the FLIC who said since there is no court date yet to serve anyways. I will point him to your website...it looks like it will come in handy. TY so much for that link! Any ideas on how to handle the financials? Do you just give an approximation for dates with a CL situation? Do you basically ignore the terms Marriage and Marital Home?

Yes, you would serve even if there is no court date already. Mine was like this as well, the opposing counsel had simply not filed yet. A bit of a gong show when it came to my filings, however they said it actually came across better for me that they had not filed yet as I appeared more proactive and organized.

Yes, ignore the verbage used, the judge will be made aware upfront that it is a common law division.

Here's a good read on unjust enrichment and some recent changes:

Lefebvre & Lefebvre LLP | Cohabitational Unjust Enrichment and the Small Claims Court

And another:

Canada's top court decision makes it easier for common law spouses to get a fair share when separating - nelligan | o'brien | payne

[viewfromthecheapseats]

Thank you Blinkandimgone. They were interesting articles...at least we know what to expect.