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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 02-17-2020, 10:51 AM
Malaika Malaika is offline
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Default Procedural Motion

Hello everyone,


Im currently dealing with the your typical control freak kind of woman in a separation procedure. Basically its been almost two months now that shes with-held our child(no access time) and she actually believes that she has final say in whether our child spends time with me. Before this , she had made an offer to settle, which was in her favour obviously and i accepted. However with the agreement being in email form, we hadn't yet attended court to sign it. After just two weeks into the agreement, she discovered from our child that i have another woman in my life, and that our child has a new "friend' (my new woman has a child). She then ended all access time and decided to waste more time in court. Mind you, we had a settlement conference in Nov and the judge was almost angry at her for not wanting to settle anything . Her reasoning was that she spent money on a lawyer and i was unrepresented. Because lawyers are not cheap, she finds it unfair that i didnt spend money on the case.



I know i have to book a procedural motion, but i dont know how to. Can somebody please provide a step by step advice of how to set up a motion (asap) before the case management trial (not yet set)..?
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Old 02-17-2020, 02:14 PM
Kinso Kinso is offline
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https://www.attorneygeneral.jus.gov....fc/part_8.html
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Old 02-18-2020, 09:06 PM
Gilligan Gilligan is offline
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Really not sure that this is a procedural motion type of situation. My understanding is that procedural motions are more about "process", such as disclosure or missing documents. You are really looking to maintaining an access schedule. You can try for an Emergency motion if access is withheld entirely, but I'm thinking you might be stuck with a standard motion which may take time to resolve... ensure you state that it is a false status quo.

Good luck... I know the type
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