Motion without Notice

[Fam Law]

Need some advise from the experts out there. I have received a Motion without Notice from the Family Courts. The ex is indicating that I have not paid the guidelines for support for my 18 year old daughter. And section 7 costs.

I pay through FRO and according to them I am in compliance, which means that my ex has been bashing me as usual in court. This time I have not seen the Motion so I do not know what lies that have been told.

What recourse do I have to respond to a Motion that has been settled in court without any input from me?

Any advise is appreciated.

[FB_]

When and Where is/was the motion heard?

[Fam Law]

Have no idea. I just received the 'Endorsement' from the Judge in the mail today. It was dated Feb 5, 2014. It was heard in the Superior Court of Justice in London. I had no opportunity to respond. It was a Motion without notice. Hardly fair.

Do I have any recourse?

[Tayken]

Need some advise from the experts out there. I have received a Motion without Notice from the Family Courts. The ex is indicating that I have not paid the guidelines for support for my 18 year old daughter. And section 7 costs.

I pay through FRO and according to them I am in compliance, which means that my ex has been bashing me as usual in court. This time I have not seen the Motion so I do not know what lies that have been told.

What recourse do I have to respond to a Motion that has been settled in court without any input from me?

Any advise is appreciated.

I doubt it is a motion without notice because it has to be an "urgent" matter and the Rules only allow for special conditions for it to be brought without notice. There are special circumstances where notice will be waved but, I am doubtful that a judge would hear a motion about the payment of CS "without notice".

As part of a motion without notice... The other party has to serve you the order within days of the order. Also, you can go to the court house and get a copy of the order too. Generally the service of a motion brought urgent and without notice is served by the court but, it doesn't have to be.

There are specific rules for urgent motions and even more for those brought ex-party:

http://www.ottawadivorce.com/forum/f...e-court-13291/

Good Luck!
Tayken

[limer]

Talk to the clerks. I believe that a motion without notice still requires that it be heard properly within a set period of time. The material and endorsement should be within the continuing record.

Dependant upon what the endorsement reads, I'd also be in contact with the FRO as a copy of the endorsement may be being forwarded to them with a statement of arrears.

[Tayken]

Have no idea. I just received the 'Endorsement' from the Judge in the mail today. It was dated Feb 5, 2014. It was heard in the Superior Court of Justice in London. I had no opportunity to respond. It was a Motion without notice. Hardly fair.

Do I have any recourse?

All motions ordered urgent and ex-party usually have a 4 day return date requirement for the party.

For example, they are heard on Tuesdays in Toronto and will return on Thursday of the same week so the other party can be present.

They are for possible child abductions and other situations where a child is in danger. Not for the non-payment of CS.

I would caution you to properly advise this forum with your situation as it is highly unlikely that the matter was brought "urgent" and "without notice" (ex-party) for CS arrears. This is not an "urgent" situation generally.

I suspect you were either (a) served a notice and failed to appear or (b) the other party claimed that they served you and didn't. But, they have to produce a Notice of Service Affidavit and many people don't pull this stunt.

I recommend you go to the court house and get a copy of the records including the affidavit materials, Applicant and other materials filed.

And... HIRE A LAWYER. Motions where one party is absent (either due to non-appearance or ugent/ex-parte) are things that you really will need a lawyer to assist you with.

Good Luck!
Tayken

Good Luck!
Tayken

[Fam Law]

In the Endorsement that I received from the court it indicates that 'the Respondent has brought a motion without notice for 'clarification' on the basis that the Applicant (me) is not paying the amount of child support required under the Guidelines'.

It even states that FRO is refusing to enforce any amount that differs from the order. I am paying the guideline amount and S7. So I have no idea how the court event was allowed to take place without my knowledge. I have paid CS for my 18 year old daughter through FRO and tuition, etc.

The ex is extremely vindictive and will say anything in court documents to malign my character. The judge has obviously bought in to the lies.

So you are saying that I can go to the court and ask for the motion documents that were submitted?

[Tayken]

Talk to the clerks. I believe that a motion without notice still requires that it be heard properly within a set period of time. The material and endorsement should be within the continuing record.

Dependant upon what the endorsement reads, I'd also be in contact with the FRO as a copy of the endorsement may be being forwarded to them with a statement of arrears.

You are correct limer. A motion brought ex-party will have a return date generally and fast. In Toronto it is Tuesday hearing -> Thursday hearings generally. The maximum time is 14 days for the return.

It is all set out in the FLR Rule 14:

MOTION WITHOUT NOTICE

(12) A motion may be made without notice if,

(a) the nature or circumstances of the motion make notice unnecessary or not reasonably possible;

(b) there is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;

(c) there is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences; or

(d) service of a notice of motion would probably have serious consequences. O. Reg. 114/99, r. 14 (12).

FILING FOR MOTION WITHOUT NOTICE

(13) The documents for use on a motion without notice shall be filed on or before the motion date, unless the court orders otherwise. O. Reg. 114/99, r. 14 (13).

ORDER MADE ON MOTION WITHOUT NOTICE

(14) An order made on motion without notice (Form 14D) shall require the matter to come back to the court and, if possible, to the same judge, within 14 days or on a date chosen by the court. O. Reg. 114/99, r. 14 (14).

SERVICE OF ORDER MADE WITHOUT NOTICE

(15) An order made on motion without notice shall be served immediately on all parties affected, together with all documents used on the motion, unless the court orders otherwise. O. Reg. 114/99, r. 14 (15).

This situation from the OP doesn't add up to what is required under the Rules to be a "without notice" motion.

Good Luck!
Tayken

[FB_]

Have you been negatively affected by the outcome of this motion?

If so, how?

[Fam Law]

Thank you. I will get in touch with the clerks asap. FRO has been contacted and they are agreeing with me that I am in compliance of the order.

When I get a copy of this Motion without Notice I will speak to the clerk about submitting a response right away. Is there a special form for that?

Thanks again to all...

[Tayken]

So you are saying that I can go to the court and ask for the motion documents that were submitted?

Without seeing the endorsement and what it states it is impossible to really help you. If there is no return date ordered per Rule 14 as stated above I would go to the court room with FLR in hand and ask the clerks why.

Anyone can get the documents from the court house. It is a public system of record. Provided your case file number or name I could even have a agent pull your whole matrimonial record and read it end-to-end. It is perfectly legal to do this and part of the public court system.

Also, an order would have been issued to you rather than an endorsement. The justice may have quashed the request.

YOu need to go see a lawyer right away with the documents you were served. There isn't much we can do on this forum to help you. If the matter is urgent asking a bunch of nutbars on the internet isn't a good use of your time. Not that we don't want to assist but, you are better served by an actual professional rather than monkeys smashing rocks into keyboards who are not legal professionals.

Good Luck!
Tayken

[FB_]

Without seeing the endorsement and what it states it is impossible to really help you. If there is no return date ordered per Rule 14 as stated above I would go to the court room with FLR in hand and ask the clerks why.

Anyone can get the documents from the court house. It is a public system of record. Provided your case file number or name I could even have a agent pull your whole matrimonial record and read it end-to-end. It is perfectly legal to do this and part of the public court system.

Also, an order would have been issued to you rather than an endorsement. The justice may have quashed the request.

YOu need to go see a lawyer right away with the documents you were served. There isn't much we can do on this forum to help you. If the matter is urgent asking a bunch of nutbars on the internet isn't a good use of your time. Not that we don't want to assist but, you are better served by an actual professional rather than monkeys smashing rocks into keyboards who are not legal professionals.

Good Luck!
Tayken

Sorry had too

[Fam Law]

I will take the advise and go get the motion that has been filed. I am not sure about the negative effects but the Judge states in the endorsement that costs will be awarded to the ex if it proceeds further.

Not sure what further means since I am paying the guidelines and s7. and I did not receive anything from the ex regarding request for additional funds. This is typical behaviour on the part of the ex just to be nasty.

Thanks to all,

[Tayken]

Previous posting that seems out of sync to the "story" posted here from the same user:

http://www.ottawadivorce.com/forum/f...016/#post82929

Hello I am new to this forum but have found it extremely helpful with information. Thanks to all contributors with their advice, I am now seeking advice for my husband (I am his current wife).

[Fam Law]

Yes, my wife found this site and set it up for me a couple of years ago. I didn't use it at first so she started with the questions that I was asking. I have since learned how to navigate this site with minimal assistance and will tell her of the useful advise regarding our newest challenge with the ex.

Much appreciated,
Fam Law