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Frustrated_DAD 07-28-2011 05:00 PM

Change of court proceedings/date without notice???
So I had a medical family emergency that required me to adjourn my case conference. I am self rep and contacted my Ex's lawyer and she agreed that we should have it adjourned. My Ex's lawyer then contacted the court (in Ontario) and got alternate dates. I got a lawyer to submit a 14C 14C adjournment due to family medical emergency. My lawyer got in touch with her lawyer's clerk and said they would also forward a consent 14C adjournment.

I was given a list of dates by email from my Ex's lawyer and we both agreed on one and I was told they would arrange for a new date.

I contacted the court 2 weeks later and found out that the date submitted is a week before the one we agreed to. Also it is a First Appearance date and no longer a case conference (what does that mean???). I also found out they have submitted not paper work yet to the court and it is 76 days since she was sereved. There is no Response to Motion, financial statements, case conference brief or confirmation 14C submitted to the court yet. This is very strange since we only adjourned less then 24hrs prior to the case conference.

Anyone have any ideas on what my Ex's lawyer is doing. I know they may submit all documentation on the day of court but to be so late at it and to even change it from a Case Conference to a First Appearance. What is up with them?

All I am submitting is for CS (motion to change) on a final order (divorce order). I have the kids full time and she never see's them. She is claiming undue hardship due to income (will not work anymore) and illness (provides no proof).

wretchedotis 07-28-2011 06:30 PM

Case Conference is 'first appearence', is it not?

momof6 07-28-2011 06:36 PM

It is the same thing.

Frustrated_DAD 07-29-2011 12:11 PM

Not the same
I've found out that they are definitely not the same.

Ontario Family Family Law Court Processes, Procedures, and Steps to Expect

A First Appearance takes place before a clerk of the court and is an informal appearance designed to ensure that all relevant documents have been filed. An example of this, is the court ensuring that a financial statement has been filed if support or property issues are involved. This is a key piece of disclosure which your lawyer will assist you with drafting.

If all is in order, the clerk will schedule your second court date, a Case Conference.

In my case the Respondent has not filed anything (0 documents) and it is over 76 days since being served. They are using it as a delay procedure.

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