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-   -   Delay Tactics (https://www.ottawadivorce.com/forum/showthread.php?t=8571)

Kenny 02-17-2011 07:37 AM

Delay Tactics
 
Delay tactics: we have all had them from our uncooperative Exs.

Here is one more for the pile! My Ex would not voluntarily choose a date for a Trial Management Conference and became annoyed with me asking. Therefore the Trial Coordinator's Office tried, with no resolve. So, my Ex phones the court office and tells them that this matter is actually in front of the courts in New Brunswick and has been since before my application to the Ontario Court.

Of course this is a total and absolute lie. I was told I need to go for a procedural motion. It is scheduled for 1 March 2011.

Talk about a delay tactic...and smart on her behalf too as she didn't have to put anything in writing.

NBDad 02-17-2011 12:06 PM

Well if she phoned the court office, the clerk would have record of that. Request she provide the court file number from New Brunswick. EVERY SINGLE file has a number.

If she can't, then push forward towards trial given she's proven she isn't able to do anything else.

Kenny 02-17-2011 06:26 PM

We have two file numbers in Fredericton and one in Ottawa. Of course the office does not (nor should they) record calls.

Like you said NB Dad, I am just pushing forward. Because of the lengthly delay to the trial, I am trying for a temporary order for child support based on the information contained in the file to date and an Affidavit.

My Affidavits are in a 100% complete business tone, well formatted and impartial as possible. Hers are nothing but venomous rants that have no real facts, evidence or informed opinions for that matter.

I served her today. I will know more on 1 March.

Thanks for your reply.

NBDad 02-17-2011 07:29 PM

Not saying they record calls. I'm saying that if your ex called the court and indicated to the clerk there was a prior motion that take procedural precedence, then that should be pretty clear cut.

The process is pretty straightforward...the court filing that occurred first would take precedence, assuming one or both parties still live in that area.

Hence the reason for the procedural motion. If you have a court file number in New Brunswick, simply request a copy of the file itself from them. If it involves you, you have a right to it. (They may charge you some nominal fee for a print out of it)

At least then you have a copy of it on hand for 1 March.

Let us know how you make out.

logicalvelocity 02-17-2011 07:53 PM

Where are the kids now and with whom and for how long? That may determine which jurisdiction where the matter should proceed.

Kenny 02-17-2011 08:49 PM

Way ahead on the court file issue. Within an hour I called the court office in Fredericton. The only two files on the system were the original divorce (with minutes of settlement) and the order from 2006 where I was awarded custody of my daughter and child support ceased. The Fredericton court office faxed the order to me within minutes of asking for it and for free!

My son moved here in 2009. I now have both kids living with me in Ottawa. Jurisdiction is well-established as Ottawa.

The thing is, there is no other process going on. That is why it was just a delay tactic. The process is fairly straight-forward; just frustrating.

Thanks for both of your inputs.

logicalvelocity 02-17-2011 09:04 PM

Quote:

Originally Posted by Kenny (Post 60105)
Way ahead on the court file issue. Within an hour I called the court office in Fredericton. The only two files on the system were the original divorce (with minutes of settlement) and the order from 2006 where I was awarded custody of my daughter and child support ceased. The Fredericton court office faxed the order to me within minutes of asking for it and for free!

My son moved here in 2009. I now have both kids living with me in Ottawa. Jurisdiction is well-established as Ottawa.

The thing is, there is no other process going on. That is why it was just a delay tactic. The process is fairly straight-forward; just frustrating.

Thanks for both of your inputs.

Great you got it sorted out.


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