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  • Motion to Change Question

    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.

  • #2
    Yes, the duty counsel is correct. If your original application is still pending final order, you will have to do an amended motion to change to deal with new issues. You wont have to add the exhibits with the motion to change form. I am not 100% sure but you will add ur exhibits for the next conference date in response to the amended motion to change.

    Usually how it works is that the proceedings should take place at the place of residence of the child. So if mom has now moved to Toronto you can ask for the file to be transferred. If you don't ask then file stays in the court house where it had all begun, and maybe the judge will order for it to be transferred when he realizes that this is not the correct jurisdiction.

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    • #3
      Thank you Lawhelp sorry I should have said that they have a final order on everything so nothing is pending. I read on another thread here that you can't add new issues on a Motion to Change so I'm confused as to why the woman at FLIC said to use that form. We waited for 2 hours to talk to someone there and our 15 minutes went by so fast. I guess we are going to have to go back and get clarification.

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      • #4
        Okay. So the question is that : are these new issues entirely different from the last final order? If they are then do an application form 8, if you are making changes to final order then you will do a motion to change form 15,15a.

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        • #5
          Lawhelp - there are both completely new issues as well as a couple of changes. The changes are more wording than a change in actual terms. So for the affidavit we only reference emails or the evidence but don't attach them as exhibits?

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          • #6
            When you are doing an affidavit (form 14A) it is always best to attach your exhibits with it. Whatever you have to support your claims, goes with this affidavit as exhibits. Goodluck

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