Motions Timeline

[Pursuinghappiness]

I have a couple motions that I'll be filing within a week's time (probably emergency motions). What timeline can I expect on them as far as getting them responded to, getting in front of a judge, and getting resolution?

[Kenny]

All timelines for motions, their responses and filing deadlines are contained in the Family Law Rules, particularly rules 14 and 15.

[Tayken]

I have a couple motions that I'll be filing within a week's time (probably emergency motions). What timeline can I expect on them as far as getting them responded to, getting in front of a judge, and getting resolution?

Filing "emergency" motions is not easy. There is an evaluation of the motion and a determination if it is a true emergency. So, if there isn't a true emergency you may be waiting a while depending on what Jurisdiction you are filing in.

Also, depending on the size of the motion materials you can expect the other party responding to seek time if you go "emergency" and it isn't a true emergency.

Good Luck!
Tayken

[Kenny]

The Family Law Rules speaks little on urgent motions in rule 14. From personal experience, I got tired of my ex providing one delay after another and refusing to pay child support since 2009, so I filed for a motion for a temporary child support order.

It was fairly easy. I served her the notice and affidavit then showed up for court before 0830 the morning of the motion. The judge was annoyed that the other party was not in court, but after he was satisfied I served her, gave me the order!

Of course it took the FRO six months to start enforcing it, but that is another story.

Ken

[Pursuinghappiness]

Thank you Kenny. Do you have an approximate time that it took you from serving the motion to the judge making a determination (disregarding FRO)? I know read the guidelines but I was trying to compare it to some actuals.

[Kenny]

Pursuinghappiness:

I served the Respondent about 14 days before intended motion hearing date with a Notice of Motion and Affidavit. On the morning of the motion, I filed the forms along with my 6B.

I went on a motion waiting list. First come, first served in Ottawa, so I waited 30 minutes early for the court office to open and got right in at 10:00 am.

The judge made a support determination on the spot.

[Frustrated_DAD]

Could you tell me what forms you used for a Temporary Child Support Motion?

My ex is also delaying the process - all I've had is a case conference after 7 months. I do have an order for disclosure for my ex but that is about to end again with no action on her part.

I would like to start the process for Temp CS until a final order is given.

[Kenny]

Frustrated Dad:

For my successful motion for temporary child support, I did the following:

a. 14B:Motion Form (with order I wish to change attached);

b. 14A: Affidavit (general);

c. Form 14: Notice of Motion; and

d. Form 6B: Affidavit of Service.

First, get a date for the motion. Look up the rules of law (ie. Family Law Rules and Family Law Act) that apply to you. Complete the Motion Form, Affidavit and then Notice of Motion. Serve the other party, submit your Affidavit of Service then show for court as indicated.

It did work for me. I got the temporary order in the mail three weeks later. It would not be out of the question completing a Form 25: Order (general) as the judge might just sign it quickly - or not. It is a gamble.

Ken