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Case Conference Brief Question IRT Orders

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  • Case Conference Brief Question IRT Orders

    For Para 13 "Do you want the court to make a temporary or final order at the case conference about any of these issues?" AND/OR in Para 18 "Are any other procedural orders needed?"

    Can I ask for something along the lines of:

    "An Order dismissing any further court proceedings regarding this matter on the basis of the Respondent father's claim of material change not being substantiated."

    "An Order preventing the Respondent father from engaging the Family Court for any matters without providing evidence in support of his allegations and obtaining permission from the court."

    I saw these both on another cases brief but I was not sure if it was acceptable as I know a CC Judge is limited in their scope in relation to Orders outside of consent.

  • #2
    You can ask for whatever you want but it wont happen. He has a right to file a motion if he feels there is a material change. The onus is then on him to prove it.

    Just put in a request that the matter be dismissed with costs and leave it at that.

    Your ex is difficult and wants to stop any payments. He will continue to pull this shit. The good news is your kids are getting older so you are getting close to not having to deal with him.

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    • #3
      Originally posted by rockscan View Post
      You can ask for whatever you want but it wont happen.
      Wouldn't it look more professional to not submit requests knowing they won't be granted?

      Originally posted by rockscan View Post
      Just put in a request that the matter be dismissed with costs and leave it at that.
      Outside of consent from the other party, if a CC Judge cannot grant it, is there a specific purpose to ask for it? Again I want to maintain some resemblance that I know what I am doing.


      On a side note, and completely off topic from this thread, if OCL declined involvement to conduct an assessment for the legal case, but sought participation in ADR independently from the legal case, can that information still be used at trial?

      Comment


      • #4
        Case Conference Brief Question IRT Orders

        Originally posted by Hide on Bush View Post
        Wouldn't it look more professional to not submit requests knowing they won't be granted?
        You would think but unfortunately family court is littered with unreasonable people who do this.

        Outside of consent from the other party, if a CC Judge cannot grant it, is there a specific purpose to ask for it? Again I want to maintain some resemblance that I know what I am doing.
        It’s a standard request on your forms. Ask for it since he has no basis for his claim.
        Last edited by rockscan; 03-03-2022, 11:15 AM.

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        • #5
          If this is a persistent and ongoing issue, you may want to do some research on vexatious litigants and see your situation meets the test for having the other party declared a vexatious litigant.

          https://jasonpaulhowie.com/vexatious...-law-disputes/

          Comment

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