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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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Old 05-29-2012, 07:13 PM
kevindell kevindell is offline
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Default Time restrictions on change motions.

Are there restrictions on how soon you can file a change motion (Rule 15)? I have heard many people quote different time frames but have seen no references?

Are they covered by the Family Law Rules or some other act/regulation?

Thanks
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Old 06-01-2012, 06:39 PM
kevindell kevindell is offline
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I will answer my own question after doing some research.

There is no specific rule that says you have to wait for a certain amount of time before you file a motion for change (Form 15) except in the case of child support payments which require six months. That does not appear to be a rule either but a policy of the Ontario Court of Justice. I got the info from calling the court.
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Old 06-03-2012, 09:57 PM
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Tayken Tayken is offline
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Originally Posted by kevindell View Post
I will answer my own question after doing some research.

There is no specific rule that says you have to wait for a certain amount of time before you file a motion for change (Form 15) except in the case of child support payments which require six months. That does not appear to be a rule either but a policy of the Ontario Court of Justice. I got the info from calling the court.
Remember a "motion to change" on any other issue has to be a "substantial" issue. Because your ex called you a moron isn't a substantial change.

Furthermore, you would probably need a FINAL ORDER to file a motion to change. It gets sketchy because you may have to appeal as well if the motion is on a temporary basis but, that will just get you to trial faster.

Motion to change are serious business and you can find yourself back re-arguing the whole damn shooting match again. Roll the dice on a motion to change (substantial change) and talk to a lot of different QUALIFIED family law lawyers prior to doing so. Judges don't take kind to those who drag people continually back to court on BS.

Good Luck!
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Old 06-03-2012, 11:14 PM
kevindell kevindell is offline
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Remember a "motion to change" on any other issue has to be a "substantial" issue. Because your ex called you a moron isn't a substantial change.
I wish all this was just about name calling. It would not even concern me.

When I talked to duty counsel they said that I should proceed with an ex parte motion if she pulled another stupid stunt between now and when the motion will be heard.
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