Hello everyone I am new here and hoping I can get a couple of answers to questions I have. My fiancee was divorced in 2012 and since then a number of issues have come up repeatedly that have necessitated a trip back to court. We have tried for the last year to resolve issues involving deliberate misinterpretation of the agreement, as well as a few new issues that need to be formally addressed but the only reply we have gotten is take me to court.
From all of the research that we did, we were under the impression that since there were new issues being raised in addition to requesting a few changes on existing issues, we should do a new application. We did up the Form 8 setting out both the new issues and the changes requested, did up an affidavit and in that we set out all of the supporting factors including attaching all of the emails, evidence, etc. as exhibits to the affidavit, and we did up a Form 35.1 because one of the issues was regarding access problems and asking for a firm order instead of "as agreed on by the parties".
We went to the courthouse and stopped by FLIC to ask some questions and make sure we were on the right track and we were told that we had to do a Form 15 not 8, and that we shouldn't have attached all the supporting evidence at this stage it wasn't necessary. So my questions are:
1) I thought we were not able to include new issues in the Motion to Change does this mean we have to do both a Motion to Change and a new application?
2) At what stage do you submit the supporting evidence like the emails showing the refusing access and that type of stuff? It seems strange to submit an affidavit without backing up your claims.
This one I forgot to even ask FLIC about - if the initial proceeding all happened in Oshawa but now Mom and child have moved to Toronto, do we submit a new continuing record along with the application or is there something we need to do to transfer it all over?
Thank you in advance for your help. This site has a lot of great information on it.
From all of the research that we did, we were under the impression that since there were new issues being raised in addition to requesting a few changes on existing issues, we should do a new application. We did up the Form 8 setting out both the new issues and the changes requested, did up an affidavit and in that we set out all of the supporting factors including attaching all of the emails, evidence, etc. as exhibits to the affidavit, and we did up a Form 35.1 because one of the issues was regarding access problems and asking for a firm order instead of "as agreed on by the parties".
We went to the courthouse and stopped by FLIC to ask some questions and make sure we were on the right track and we were told that we had to do a Form 15 not 8, and that we shouldn't have attached all the supporting evidence at this stage it wasn't necessary. So my questions are:
1) I thought we were not able to include new issues in the Motion to Change does this mean we have to do both a Motion to Change and a new application?
2) At what stage do you submit the supporting evidence like the emails showing the refusing access and that type of stuff? It seems strange to submit an affidavit without backing up your claims.
This one I forgot to even ask FLIC about - if the initial proceeding all happened in Oshawa but now Mom and child have moved to Toronto, do we submit a new continuing record along with the application or is there something we need to do to transfer it all over?
Thank you in advance for your help. This site has a lot of great information on it.
Comment