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  • Court appearance question

    A friend of mine asked:

    "I have previously had my ex's motion to changed dismissed due to his delay, lack of correct documents, etc. I am self representing, he has, or had a lawyer, I do not know if he still does. I have now filed a new Motion to Change, served on him January 4th. The first court hearing is this Thursday, February 17th. I have not had any response from the defendant. I did call the court house today and they confirmed as well that nothing has been filed. He has had well over 30 days to file a response, but nothing. The court has advised me he can still show on Thursday with his material? Can he do this and what is my best move here?"

    I say go to court and make your appearance known. Yes he can walk in the materials. That 30 day deadline means jack in family law. Your best move is to push the matter forward at court, with or without him.

  • #2
    Hi Dadtotheend,

    Although sub-paragraph 10(5) of the Family Law Rules (aka suggestions) states that if you fail to serve and file your Response within the 30 days you will not be allowed to participate in the case...judges will usually grant an extension upon request (along with some type of excuse).

    You can ask the judge to find the other party in default and apply the rule, but this is usually seen as intransigent. You can agree to give the other party more time and seem like the reasonable one...If the other party does not show up at the hearing, then finding him in default would be me preferred route.

    If your friend is handed a pile of documents upon the hearing, she may ask for time to review the material, either a recess or an ajournment.

    I hope all goes well.

    Rayon de soleil

    Comment


    • #3
      FLR 10(5) absolutely states what you say, but from recent personal experience, the court may just very likely give your ex further opportunities.

      In my case, after she missed two court appearances, the ex got faxed permission to file three months late just two days before the uncontested trial was to commence. Furthermore, she even filed that late response, three weeks after the date the judge gave her. Even more, she didn't file a single document for our recent settlement conference, but was allowed to fully participate as if she had!

      So, by regulations, you are absolutely correct, but in practice, your ex may get a few more breaks.

      Comment


      • #4
        Well this obviously doesn't seem fair but in the end, it is the judges call. From my ex, he has skipped out on 3 court appearances, has been jailed 3 times for non payment and when he filed a "Motion to Change" last August, he submitted it with incomplete forms, no financial information, etc. He actually just filed his 2005, 2006, 2007 2008 and 2009 tax returns this past August. He has dodged child support for years and now, just surfacing, because the kids are going to post secondary school? He wants to fight it. He was made to show where he was working so now, they have been able to start garnishing him. As I mentioned, I had his previous motion dismisssed, started my own and no response. So it will be interesting what chances, now, he will get..

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        • #5
          yo go see a lawyer

          Comment


          • #6
            Uncontested Trial Set..what to do now

            So I have been to court, the ex had not responded to my Motion to Change that was served on him January 10th. He showed up to court today, no material at all and I have had the matter put to an uncontested trial. Can anyone give me any advice as to how this go? What exactly I need to do?

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            • #7
              He showed up, but brought his lawyer he has previously used. The lawyer said he was acting as the ex's "agent only" for today's purposes. Any help to prepare for the uncontested trial would be helpful.

              Comment


              • #8
                You will need a 23C Affidavit for Uncontested Trial, 35.1 Affidavit for Custody and a sworn financial statement to start. Those form are very easy to complete in MS Word, print well and are, for the most part, self-explanatory.

                The forms might seem overwhelming, but just take them part by part and you will get through it. The FLIC can proof them for you as well.

                Comment


                • #9
                  Originally posted by Kenny View Post
                  You will need a 23C Affidavit for Uncontested Trial, 35.1 Affidavit for Custody and a sworn financial statement to start. Those form are very easy to complete in MS Word, print well and are, for the most part, self-explanatory.

                  The forms might seem overwhelming, but just take them part by part and you will get through it. The FLIC can proof them for you as well.

                  Well, I have completed everything,,everything has been filed and respondent now just sent to me his RESPONSE to motion to change..the courst would not accept it, it was only sworn by his lawyer. Has he lost all his rights still in the Uncontested Trial set

                  Comment


                  • #10
                    uncontested trial

                    Any advice

                    Comment

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