Hi all, just an update. I filed my trial record today and served her lawyer. Now to prepare a trial brief with the evidence and file and serve that, still moving forward....
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Anything is possible but not likely.
Slam them with a Form 22 Request to Admit and Form 20 if applicable and not already done so. These are also to be served and filed into to the Trial Record along with Financials.
Issue your Summons' for witness along with post dated cheques and Serve/File your Book of Authorities, Book of Exhibits which you will relying upon at Trial.
A little overwhelming goes a long way.
There's an internal form that the judges use when matters are approaching trial and these are some of the questions which are asked.
My own matter had two Trial records - the other side didn't like my version. I even left a few tabs for their missing documentation.
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Book of authorities is a White Card Stock tabbed book Identified as to what it is and containing the cases which you will be relying upon. A general rule of thumb is about an inch thick. If you have more, break it down into numerated volumes.
Book of Evidence is similar to Book of authorities above but would contain your evidence. Previous affidavit evidence could also be entered into this book.
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Thanks Logical, I have that stuff compiled but wasn't aware of the Naming convention. Have form 22 completed and will serve this week and have the witness list ready as well, though the post dated cheques might be a problem :P
Thanks again for your help, still pushing forward
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In about 20 days you should receive a Response to Form 22. They are compelled but watch the curves. Form 22 and their response are to be filed into the TR.
I hear ya on the post dated token of set amount. It's very important that payment is made and you have proof. Keep copies of the PD token and it attach to Summoning document --serve/file. I think I went with the first day of the scheduled dance with mandatory corresponding paperwork and itinerary dates coinciding.
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Isn't the Queen's bench federally appointed much like SCJ? Although, take a good look at your respective region -
Judges of the Superior Court of Justice
Search those names with joint and or shared custody and variables of such and at the free reference site...
Avoid interim decisions and Section 29 variance's. Potential for you to have one of them preside. Do your homework and know what your up against.
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LV, I know who is presiding but that Judge is fairly new and I have been unable to find anything regarding any decisions. I think I may just have to present my evidence and the case law that I have. I know that my Ex has nothing to go on except "Status Quo" so I can only hope the Judge will see that she is controlling without justification and rules in my favour. Can my lesser income be a reason to not order 50/50?? She makes more and can provide more "perks" than I can.
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