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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 07-13-2011, 10:52 AM
Boyz5 Boyz5 is offline
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Default Notice of Intention to Proceed?

Hi there!.....Here's some background....I was divorced in 2004 and the court order states on the 2nd page is this heading,"THIS COURT ORDERS BY CONSENT,that" and underneath this is the agreement of how much my ex will pay in child support and so on and so on.
I was told by a duty counsel lawyer that before I can proceed with my "Notice of Application",( to apply to increase child support),I need to serve my ex with a "Notice of Intention to Proceed" form,wait 28 days and then proceed with my "Notice of Application". However;according to a government run Family Law website, I do not have to serve him with the "Intent to Proceed" form if I have a final order and according to this website a final order would include any kind of consent order......I am SO confused.....Could somebody help me to define what a "Final Order" would fall under?
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Old 07-13-2011, 06:55 PM
Boyz5 Boyz5 is offline
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Anybody?....Maybe if I word the last line differently....Would the words in this heading on the 2nd page,"THIS COURT FURTHER ORDERS,BY CONSENT that"
indicate that this is a final order (as defined by final order by some law websites) Any lawyers on this site? Any legal secretaries?..*lol*
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Old 07-14-2011, 04:12 PM
Frustrated_DAD Frustrated_DAD is offline
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Default What Province is this for?

I know that for Ontario all that is required is:

1) Forms 17 (Case Conference Date given by Court Clerk), 15, 15A, 13.1 and last 3 years financial info to be served on Respondent (you can not serve Repondent yourself).
2) 6B and all originals (Forms 17, 15, 15A, 13.1 & Tax assesments for last 3 years ) given to court once Respondent has been served
3) Case Conference Brief Form 17A - 7 days Prior to Case conference to Repondent (by mail) and file with court
4) Confirmation 14C filed to court 2 days prior (min) to Case Conference.
Also a good idea to give a copy of the Divorce Final Order or SA showing what the current arrangements for CS are.

Go to your Family Court Branch at the court house and they can help you find what forms are required. They just can not tell you what to write in them.
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Old 07-15-2011, 02:08 PM
Boyz5 Boyz5 is offline
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It's all good!....turns out that I DON'T have to serve my ex with the Notice of Intent to Proceed,according to the girl at the Registry desk...What I have IS a final notice apparently....What was this duty council lawyer thinking?
Thanks for your response,Frustrated_DAD! BTW....I live in BC.
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