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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-02-2019, 05:18 PM
Mummaa222 Mummaa222 is offline
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Question Confused...need help!

I've been searching and cannot find the answer anywhere, my ex-husband's lawyer isn't making anything easy on me, and the court clerk tells me it's legal advice and she can't answer me either...basically I'm stuck! So here is my question: (I am self-representing in family court -Superior- and have done well thus far) I was served with a notice of Motion on August 27th. The motion was to be heard September 5th. On Friday, August 30th my ex husband's lawyer sent me an email with the confirmation of motion. I received another email asking if I am preparing a response and if I am going to consent to the Order they are seeking . I replied that yes I am preparing a response and no, I will not consent. Because Monday is a holiday my understanding of the Rules is that my deadline is the day after the holiday, Tuesday, September 3rd. She then emailed me again to say that the Motion would take over 2 hours and not 30 minutes estimated in the confirmation so we will need a special motion date. I consented to adjourning the September 5th motion to set date for a long motion and they amended their confirmation of motion. What I am now trying to find out now is this: Does my time for service and filing change according to the new motion date or does it remain the same and my dealine is Tuesday (thinking more and more now that my deadline may have actually been Friday? &#128547 The motion is to terminate access with my daughters or in the alternative supervised access (for which there is is no substantiative reason) They have been severely alienated so it's not something I want to mess up by not having my material served on time. Also, because it will now be a long motion does that mean I have to do a Factum?
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Old 09-03-2019, 11:21 AM
tilt tilt is offline
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No your timeline to file has not been changed. Do you already have a Final Order on Access? Then they filed Form 15 on you. If so, you have 30 days to respond - Rule 15(10)(A) so September 26 before 2pm. If this is a Temporary Order they used wither 14 or 14B. If it is 14 then you have four business days before the Motion Date - which you do not have a the moment - Rule 14(11.4). If it was 14B (which is really sounds like it should not be if it is a Long Motion and 14Bs are supposed to only be on paper, not in Court) then you respond within 4 days - which is today, Tuesday. Rule 14(11.5). They should be confirming with you regarding the Motion Date - they don't get to just set the date that is most convenient for their side.

If they are asking to Terminate Access/supervised access I would expect expert reports and affidavits to have been submitted to you in their Motion. Did they give you a full Motion Record or just a Motion and affidavits? You should do a factum - I believe most practice notes require it for Long Motions and it helps set out your case in your own mind. Good luck
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Old 09-03-2019, 11:40 AM
Stillbreathing Stillbreathing is offline
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I needed to prepare a factual for my long motion.
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Old 09-08-2019, 02:22 PM
Mummaa222 Mummaa222 is offline
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I was served with 14A. This is my motion to change a final order but they brought this motion to vary a temporary order. His lawyer consented to allow more time but didn't say how long. At the original short motion she told the judge that she didn't pay attention and it should have been a long motion all along and he asked if I was preparing materials and that was it. I wasn't given a deadline but figure sooner is better. She sounded like she's going to ask for a summary judgement which is exactly what I thought. So I've got to make sure my reply is a good one!
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