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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 12-10-2009, 08:06 PM
#1StepMom #1StepMom is offline
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Default How Do You File An Emergency Motion?

We would like to file it first thing tomorrow (Friday).... please help!

[See the thread: CP Demands That NCP Pay Extra To See Child On Court-Ordered Days, for details as to why we need to do this ASAP.]

Which forms do we need to fill out?

Do we need "evidence" of some sort?

How do we indicate that it's an EMERGENCY motion?
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Old 12-10-2009, 08:29 PM
frustrated11 frustrated11 is offline
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wow...oh my god she wants money to be able for your husband to see his son? trying to buy?

can you guys maybe have the court order pysh assesments of her and the child and go for full custody or at least primary care
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Old 12-10-2009, 08:40 PM
#1StepMom #1StepMom is offline
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I'm reading the motions guide.... but I'm unsure whether we should fill out Form 14 or 14B. Any thoughts?
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Old 12-10-2009, 08:49 PM
frustrated11 frustrated11 is offline
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I'm pretty sure it is 14 as that is what we filed against the FRO for the refraining order for drivers license
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Old 12-10-2009, 08:59 PM
frustrated11 frustrated11 is offline
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http://www.attorneygeneral.jus.gov.o...c/fc_part5.pdf

14B is usually when they are agreeable or had no answer to your motion...

so use 14 have them filed out and bring both to the court and go see the FLICA, i got there at 8:45am (durham) and there were 3 people ahead of me and they open at 9
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Old 12-10-2009, 09:13 PM
#1StepMom #1StepMom is offline
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Quote:
Originally Posted by frustrated11 View Post
http://www.attorneygeneral.jus.gov.o...c/fc_part5.pdf

14B is usually when they are agreeable or had no answer to your motion...

so use 14 have them filed out and bring both to the court and go see the FLICA, i got there at 8:45am (durham) and there were 3 people ahead of me and they open at 9
Thanks. I'm filling both out, just in case.

From my understanding, you file 14B when you want to bring a motion without notice to the other party. Form 14 would need to be served, then filed. We don't have time for service right now. We have 5 business days to get this resolved.

My husband will be driving to Oshawa first thing in the morning to speak with FLIC. I'm trying to get the form ready for him, so that he can hand them over and say "What do I do? What do I file?"

I wish I could go with him (I'm more knowledgeable in this legal mumbo-jumbo) but unfortunately I cannot take the day off work tomorrow.

*Fingers Crossed*
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Old 12-11-2009, 08:52 AM
#1StepMom #1StepMom is offline
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Quote:
Originally Posted by first timer
Just so you know the court may not see your situation as an emergency, I know that is not how you feel but unless the child is in danger or is being relocated without your consent, the courts do not always see anything less as an emergency. The court will not agree with her actions but that does not really help your situation, it just verifies that she is not abiding by the court order.
Given what First Timer said... which I am swayed to believe after having read more about emergency motions last night... do you think it's wise to file an emergency motion when the CP is putting financial conditions on access?

Do we even have a chance of being able to spend the holidays with the child without having to pay his mother off? (Every Christmas, we end up having to pay her off in order for him to spend the holidays with us. And the court just scolds her "You shouldn't do this, it's not right, but off you go scot-free!")

Is it worth our time and effort?
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Old 12-11-2009, 09:30 AM
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I have no idea what I'm talking about, but what she is doing is extortion. And you have recorded evidence. Instead of family court you should consider pressing criminal charges.

Where I'm lost is how. Most police have little interest in someone coming up to the counter in the station and wanting to lay charges like that over $1500. But regardless, if you were David Letterman and she was trying to get a couple million off you, it would be the same crime.
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Old 12-11-2009, 09:34 AM
independentgal independentgal is offline
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An emergency motion isn't for situations like this. There is ample time(almost 2 weeks) until proposed travel I am guessing. An emergency motion is called an ex-parte motion which means one party is not informed. Your ex needs to be given the opportunity to comply prior to the motion being heard. It would NOT look good on you if you brought a motion without serving her. Theoretically, your ex needs to have the opportunity to comply or bring her concerns before a ruling can be made.

Make sure you check what motions days are being heard in your city first. Call to get the next motions date because you need to serve her personally several days in advance.

Just think what the judge would feel about hearing a motion in his courtroom that could have potentially been settled, had the other party been given knowledge of it.

Just my opinion!
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Old 12-11-2009, 09:36 AM
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It doesn't cost to fill out the paperwork, Motion form, Affidavit, Affidavit of service. If this is what it is going to take to make that woman see commonsense then, so be it. I would do it in a heartbeat if I was threatened like that. Just be warned she could bring a cross-motion for her money as well.
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