Announcement

Collapse
No announcement yet.

court date secured without first asking my consent

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • court date secured without first asking my consent

    Situation: the OP secured a court date (motion) without first asking for my consent. I had made plans for this date, and will be out of town.

    Question: is not the onus on the OP to first ask consent to ensure availability of both sides to attend court?

    Aside: at the last court appearance, I requested leave from the court to vary a previous order (2018), and was granted this order in the recent endorsement.
    I had asked the Other Party for their availability (3 times) for court in December, though received no response.

    Instead, I received materials from the OP seeking a motion date ?

  • #2
    it is good practice for OC to canvass dates to ensure availability, you do not need consent, but if you are unavailable you can get it adjourned

    We had a motion go against us and the judge ordered no cost as her side did not canvass dates

    Comment


    • #3
      Originally posted by Kkc View Post
      it is good practice for OC to canvass dates to ensure availability, you do not need consent, but if you are unavailable you can get it adjourned

      We had a motion go against us and the judge ordered no cost as her side did not canvass dates
      Agreed its a good practice to canvass the OP (do unto others...)

      Perhaps it's best/efficient to inform the OP and seek an adjournment;
      although the court endorsement clearly stated: I could now bring a motion to vary the (2018) order (Divorce Order).

      Despite me canvassing the OP for first two weeks December court availabiity met by no replies; just this afternoon - I learned of the unilateral securing of a motion date = the date I would naturally have disagreed with if asked (due to prior conflict).

      Comment


      • #4
        Do you know what their motion is about? Is it related to your motion? Did they know you weren’t available?

        Comment


        • #5
          Originally posted by rockscan View Post
          Do you know what their motion is about? Is it related to your motion? Did they know you weren�t available?
          Hello Rockscan!

          Yes, I am aware of the issues.

          Yes, two key parts are related to my motion.

          As I wasn't asked about my availability, there was no knowing by the OP I would be unavailable.

          That said, canvassing the OP for their court availability seems common place, reasonable, fair; and likely a factor to be considered in an adjournment request (due to a schedule conflict)

          Pivot: based on the order in the recent case (identfiying I am free to pursue a motion), perhaps it may be best for me to request an adjournment of the OP's motion date (since I wasn't canvassed for a date and have a conflict with that date), and again propose dates I already advanced?
          The OP would have an opportunity to advance their parts of the issues.

          Comment


          • #6
            Im having trouble understanding. If you were given leave to file a motion then why are they filing a motion for the same thing?

            Comment


            • #7
              Originally posted by rockscan View Post
              Im having trouble understanding. If you were given leave to file a motion then why are they filing a motion for the same thing?
              Your patience is appreciated

              Of 2 key issues, OP is filing different position than myself:

              1. continuation of child support for adult child (not in full-time post-secondary program of education, not ill, not disabled)

              2. overpayment of child support: OP claims not to have consented to (signed) Consent Agreement (which was turned into Order-general: basket motion)

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X