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Old 07-16-2019, 12:11 AM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by Mom 2 Two View Post
We asked the judge at my SC if we could do summary judgement. The criteria seems really strict. Even though my lawyer said itís not as strict anymore the judge said nope. I honestly think judges like trial. ;-(.


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So from what I have read it seems judges reeeaaaallllyy do not enjoy granting a motion for summary judgement on anything that is not blatantly obvious... especially if there is questions over child custody/access. From your posts that I have read, it doesn't surprise me that a judge wouldn't be excited about one- not that it isn't pretty obvious that your ex is a tool lol, but if I remember correctly you have OCL involved as well? That probably just muddies the waters further, and would make a judge want to wait to hear everything out in trial.


What they do seem to like to use summary judgements for are anything that is very obviously and negatively impacting the welfare of the child (like no CS where there is proof that the payor is capable of paying- I also found a lot of summary judgement cases on canlii that had CAS etc listed as one of the parties...again though, child welfare).


For my case, custody and access is already settled on in a final consent order. Literally only issue remaining is CS/arrears/S7s. And I have a TON of evidence to prove what he is beyond capable of making.


I'm thinking this may be the way to go. I've just been skirting around the issue a bit because it is a bit daunting when you are self repping ....
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