My fiance and I went to speak with legal aid at the family law clinic to find out the best way to proceed if the bio-mom does not provide a consent or response to our motion of change on or before the 30-day deadline.
In the Family Law Rules, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_990114_e.htm it specifically states:
NO RESPONSE OR CONSENT, OR RESPONSE STRUCK OUT
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(14) If a party does not serve and file a response to motion to change (Form 15B) or return a consent motion to change (Form 15C) to the party making the motion as required under subrule (9), or if the party’s response is struck out by an order,
(a) the party is not entitled to any further notice of steps in the case, except as subrule 25 (13) (service of order) provides;
(b) the party is not entitled to participate in the case in any way; and
(c) the court may deal with the case in the party’s absence. O. Reg. 151/08, s. 4.
SAME, REQUEST FOR ORDER
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(15) If subrule (14) applies, the party making the motion to change may file a motion form (Form 14B) asking that the court make the order requested in the materials filed by the party, unless an assignee has filed a notice of financial interest in the motion and opposes the change. O. Reg. 151/08, s. 4.
Of course, when I brought this up with duty coucil at the family law clinic, she chuckled and said "No, that's not how it works. The person who's been served has until the court date to respond. If she doesn't show up to court AND doesn't request a new court date, ONLY THEN can you ask for an order to be made solely based on what you filed."
I looked the duty council dead in the eye and said: "So you're telling me this 30-day rule is not really a rule because the legal court system fails to enforce it?" She just looked back at me and shrugged.
I was beyond livid. What is the point of having these "rules" if there is nothing that can be done when they are broken?
Naturally, I asked that exact question, and the response I got was "Well, you could ask the court to have her cover your legal costs for having you come to court when she doesn't attend." WHAT LEGAL COSTS?! We wouldn't be there talking to someone in a legal aid clinic if we had a lawyer we were paying!
My fiance had to quickly thank her for her time (a complete waste of ours, not to mention the hefty parking fee) and lead me out the door before I lunged across her desk and shook her silly!
So now, we sit and wonder "What now?" Any thoughts? Advice?
In the Family Law Rules, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_990114_e.htm it specifically states:
NO RESPONSE OR CONSENT, OR RESPONSE STRUCK OUT
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(14) If a party does not serve and file a response to motion to change (Form 15B) or return a consent motion to change (Form 15C) to the party making the motion as required under subrule (9), or if the party’s response is struck out by an order,
(a) the party is not entitled to any further notice of steps in the case, except as subrule 25 (13) (service of order) provides;
(b) the party is not entitled to participate in the case in any way; and
(c) the court may deal with the case in the party’s absence. O. Reg. 151/08, s. 4.
SAME, REQUEST FOR ORDER
<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - Règl. de l'Ont. 114/99. -->(15) If subrule (14) applies, the party making the motion to change may file a motion form (Form 14B) asking that the court make the order requested in the materials filed by the party, unless an assignee has filed a notice of financial interest in the motion and opposes the change. O. Reg. 151/08, s. 4.
Of course, when I brought this up with duty coucil at the family law clinic, she chuckled and said "No, that's not how it works. The person who's been served has until the court date to respond. If she doesn't show up to court AND doesn't request a new court date, ONLY THEN can you ask for an order to be made solely based on what you filed."
I looked the duty council dead in the eye and said: "So you're telling me this 30-day rule is not really a rule because the legal court system fails to enforce it?" She just looked back at me and shrugged.
I was beyond livid. What is the point of having these "rules" if there is nothing that can be done when they are broken?
Naturally, I asked that exact question, and the response I got was "Well, you could ask the court to have her cover your legal costs for having you come to court when she doesn't attend." WHAT LEGAL COSTS?! We wouldn't be there talking to someone in a legal aid clinic if we had a lawyer we were paying!
My fiance had to quickly thank her for her time (a complete waste of ours, not to mention the hefty parking fee) and lead me out the door before I lunged across her desk and shook her silly!
So now, we sit and wonder "What now?" Any thoughts? Advice?
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