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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #1  
Old 08-21-2013, 03:27 PM
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Leviathan Leviathan is offline
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Default Quick question on affidavits

I've had an emergency motion served on me...how long do I have to respond??...how close to the actual court date can I hand it in??
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Old 08-26-2013, 07:50 PM
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Call the court clerk and they can usually tell you. Does the order indicate it's requesting an abridgement of service?

What's the "emergency motion" for? What is the court date? Judges don't look kindly on motions filed for frivolous/non emergency reasons. Basically the only time you can pull an emergency motion is when the health/welfare/safety of a child is in danger.

Not sure if this is relevant or not..but How do you get a Court Order for Emergency Child Custody in Ontario Family Court? | John P. Schuman C.S., Child and Family Law | John P. Schuman points 13, 14 and 15.

So I'd say within 3 days BEFORE the court date.
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Old 08-26-2013, 07:55 PM
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Quote:
Originally Posted by NBDad View Post
Call the court clerk and they can usually tell you. Does the order indicate it's requesting an abridgement of service?

What's the "emergency motion" for? What is the court date? Judges don't look kindly on motions filed for frivolous/non emergency reasons. Basically the only time you can pull an emergency motion is when the health/welfare/safety of a child is in danger.

Not sure if this is relevant or not..but How do you get a Court Order for Emergency Child Custody in Ontario Family Court? | John P. Schuman C.S., Child and Family Law | John P. Schuman points 13, 14 and 15.

So I'd say within 3 days BEFORE the court date.
Thanks for the reply NBdad

Apparently I'm not paying enough temporary interim support..the stbx and her lawyer are trying to go after full CS (based of guidelines) for HER daughter (in loco for me)

It's a HUGE CLUSTER F!!

Either way, the stbx's, lawyer called my lawyer and wanted to adjourn until nov!!

This should be interesting!!
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Old 08-26-2013, 09:13 PM
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Just let them stall/adjourn/whatever.

The longer this goes on, and the longer she shows she can live on whatever interim amount is being paid, the LESS weight her argument for additional funds will have.

Establishing a solid status quo works in your favor.
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Old 08-30-2013, 12:09 PM
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Quote:
I've had an emergency motion served on me...how long do I have to respond?
Respond as soon as possible.

As the respondent, you need to serve and file your material four days before a motion; or by 2:00 p.m., two business days before, with consent to late filing.

If you cannot do the above, serve it on the other party as soon as possible and file the material over the bench. If you have been short served for the motion this may may be appropriate, depending on the timing.
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Old 08-30-2013, 12:15 PM
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Originally Posted by OrleansLawyer View Post
Respond as soon as possible.

As the respondent, you need to serve and file your material four days before a motion; or by 2:00 p.m., two business days before, with consent to late filing.

If you cannot do the above, serve it on the other party as soon as possible and file the material over the bench. If you have been short served for the motion this may may be appropriate, depending on the timing.
I agree. As the motion was brought as an "emergency" it is highly likely, even if the other party refuses service (which will make them look stupid before a justice in my opinion) to be served on the parties and the justice at the hearing. This is what OrleansLawyer as "over the bench". Which is basically handing the affidavit to the Judge literally "over the bench" right to them.

Although, I wouldn't recommend doing this if you are providing copies of photographs of your life's passion and work "over the bench" in any proceeding. Justices don't take kindly to nonsense.

I have seen a number of justices hearing an "emergency" motion adjourn a matter to the afternoon so they and the other side can review the responding affidavit that was served "over the bench". This is quite common especially if the matter is involving custody and access of children.

Good Luck!
Tayken
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Old 09-05-2013, 11:46 AM
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Thanks everyone...the emergency motion was scheduled for a Tuesday morning at 10am....I personally went and handed in my response (had to sign 1st...saved some cash by dropping them off in the court house myself) on the Friday before at 11am..

so..what...3 days advance
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