Process for motion

[OntarioMomma]

Please help me understand the steps.

Motion to change a final order in Superior Court Family Court was served on me, I don't consent and am heading to the first court date next week.

My understanding is there they make sure paperwork is filed and they schedule a meeting with a senior lawyer.

What happens next if the parties don't agree? Is there a bunch more conferences or does it proceed to a motion where a judge will make a decision?

Do motion items ever go to trial or does a judge decide on the issues prior to that?
Only issues are child support, section 7 and arrears. Custody and access were already decided in the final order.

Sent from my SM-G903W using Tapatalk

[OrleansLawyer]

General procedure for a motion to change:

- Motion is issued, served on other party then filed
- Other party has 30 days to respond
- First appearance is scheduled, to set a case conference date or to note the other side in default if they have not responded
- Case conference proceeds
- After case conference, parties either have a motion date set down for the final hearing or a settlement conference scheduled
- After settlement conference there is the final hearing. This is either a motion or, if necessary, a trial of the issues.

[The Iceberg]

General procedure for a motion to change:

- Motion is issued, served on other party then filed
- Other party has 30 days to respond
- First appearance is scheduled, to set a case conference date or to note the other side in default if they have not responded
- Case conference proceeds
- After case conference, parties either have a motion date set down for the final hearing or a settlement conference scheduled
- After settlement conference there is the final hearing. This is either a motion or, if necessary, a trial of the issues.

In my motion to change I was given 9 days to show up in court and the temporary decision was made right there. (I did extend the motion date to prepare
though)

[arabian]

Iceberg - you and I are from Alberta. My ex brought 6 motions and never once did we have to attend a case conference. Parties have the option of requesting a 'case management judge' so any and all actions go in front of the same judge.

[OntarioMomma]

General procedure for a motion to change:

- Motion is issued, served on other party then filed
- Other party has 30 days to respond
- First appearance is scheduled, to set a case conference date or to note the other side in default if they have not responded
- Case conference proceeds
- After case conference, parties either have a motion date set down for the final hearing or a settlement conference scheduled
- After settlement conference there is the final hearing. This is either a motion or, if necessary, a trial of the issues.

Thank you.

What would the court use to determine whether it is a final hearing or a trial at the end?

[OrleansLawyer]

What would the court use to determine whether it is a final hearing or a trial at the end?

The presumption is that it will be argued as a motion.

However, if the issues need a full hearing, for example if the evidence is contradictory and a party wants an opportunity to cross examine the other party, a trial can be Ordered. This can happen in variations of custody/access, particularly if both parties are seeking changes, or if there are complicated income issues.

Citation: CanLII - Family Law Rules, O Reg 114/99