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Old 07-05-2012, 10:03 PM
Mess Mess is offline
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Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

If neither of you has started a court action, you can't just file a motion out the blue like that.

First you really must make her an offer to settle that is fair and reasonable. The one I outlined for you would do it, but you must send it. The courts totally frown on people using them as the first option, and as well, you need to have a reasonable offer on the table to avoid paying court costs; you want to be able to SHOW that you made an offer, she turned you down, that you wanted to avoid court but she was the one who was stubborn.

Then you have to file a application for trial, you have to go for the whole thing. Lots of forms to fill out. You will file and then appear to get a date for your first conference with a judge.

At the first case conference, you both present the judge with a "brief", a short written summary of what the issues are, what you want the decision to be, and why. The judge will try to convince you to settle out of court and may tell you what a likely result of your trial would be. The judge can make an order on the spot IF YOU BOTH AGREE. How likely is that, only you can say.

After the case conference, THEN you can file for a motion order. The motion order will generally be temporary, until the final trial decision or the two of you settle.