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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 10-13-2020, 02:09 PM
djyk2020 djyk2020 is offline
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Default Form 25D questions

I am the respondent in the court case and I submitted claims for child support (both arrears and for enforcement going forward) and claims for custody and access. I had a case conference last week where the applicant was a no-show and has not participated in any part of the court process. The case conference judge said she will give him 14 days and then I can submit a 23C and draft order since he will be in default.

I'm looking at the 25D form and have some questions. Should I be attaching forms 35.1 and 13 to the 25D even though I already submitted those? I was going to include those thinking that the judges may not have access to all the paperwork that was already submitted but then I don't want to re-submit things and make things more complicated or confusing.

Or is the information on the 23C sufficient for the judge to use (since 23C is a sworn document) when they are looking at the 25D? So in this case, the 35.1 and/or 13 forms wouldn't need to be submitted.

Thanks in advance and any advice is appreciated!
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Old 10-13-2020, 02:39 PM
rockscan rockscan is offline
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Right now I would err on the side of filing all material as judges are doing electronic conferences and may not have full access to the continuing file. This way the judge has everything you need them to have to make a final decision in your case. It may seem like a lot of work but having a judge say they cant do it without the additional info would be worse.


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Old 10-13-2020, 04:53 PM
djyk2020 djyk2020 is offline
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Okay, thanks for the advice. I will submit a whole new set of form 35.1 and 13 so that the judge who gets the uncontested trial documents will have a copy of everything.

I also considered using 14A to swear that there were no changes to the originals but then the judge would only see the 14A and not the original forms. So it would defeat the purpose of giving them all of the relevant information.

Thanks again for replying!
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Old 10-13-2020, 05:01 PM
rockscan rockscan is offline
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No problem. I have a friend who shared his recorded conference with me and the judge did not have the continuing record and he had to keep referring to documents she didnt have. It was frustrating and my friend kept getting reprimanded when it was the judges fault. Best to provide them with all the info then you can reference quickly.


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Old 10-14-2020, 12:56 PM
djyk2020 djyk2020 is offline
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Are we allowed to attach a schedule to the 25D form? There's not much room to write things and I wanted to attach a schedule A to put more details but I wasn't sure if that is allowed for order documents.

Or could I write on the 25D to refer to the 23C form and it's supporting documentation?

The access arrangement section on the 25D has a limited amount of space if I choose "other" but I did provide details on the 23C.
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