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  • First appearance before judge. Teleconference

    I have filed a motion to change with Ontario Court of Justice, to change concerning separation agreement and changing of amount of spousal support, which is paid through the FRO.

    I have a scheduled date for the first appearance with a judge by phone- teleconference

    I have a few questions:

    Should I serve to another party and file with a court, before first appearance:

    Updated form 13 financial statement; form 14c confirmation.
    When is it not late to serve/file these forms.


    In case of not getting a response from within 30/60 days should/may I file with a court:

    Form 14B: Motion Form

    b) Support Deduction Order Information Form

    Optional:

    c) Five copies of a draft order

    d) Stamped envelope addressed to each party

    e) Draft Support Deduction Order, as needed.


    Please let me know which, mentioned above documents I should serve and/or file.

    Please help me to find the right answers on a questions, mentioned above.

    Thank You

  • #2
    Have you served your motion to change on other party? Are they aware of this first appearance date? Have you received a response from the other party?

    In terms of additional filing material, you need to serve it upon other party and then file it in court along with Form 6B: Affidavit of Service. The deadlines for doing these things is defined in Ontario Family Law Rules. I can't remember them on top of my head but you should be able to just google it.

    Re draft orders and stuff, I doubt judge will make any orders except procedural ones or consent orders, so you probably don't need draft orders at this stage.

    Sent from my ONEPLUS A5010 using Tapatalk

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    • #3
      I have filed with a court: Separation agreement (registered with a Ontario Court), 15, 15a, 13, letter of arrears from Fro, letter confirming that there is no co-signer, recent proof of income, all tax papers for the last 3 years.

      First appearance before judge was scheduled (in a 2 months term) on the same day.

      Copies of all mentioned above documents were served to ex's lawyer in Canada on the same day.

      Affidavit of service was filed with a court on the same day.

      30 days passed, ex's lawyer sent me email, asking not to take any steps to have ex. noted in default, as her documents will be served upon me on in a few days.

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      • #4
        If I understood correctly, you have already served and filed whatever you needed to. 30 days have passed and ex still hasn't filed a response.

        Ex's lawyer can say whatever they want. If they choose to file later/closer to court date, they will probably need your consent for late filing, at which point, you can simply consent to late filing.

        When the time comes, you should simply email the other lawyer a copy of 17F (assuming first appearance is a case conference) and then email the same to the court to confirm that you will be attending.

        I believe deadline for submitting 17F or 14C is by 2pm, 3 days before the court date (check family law rules to confirm this).

        Sent from my ONEPLUS A5010 using Tapatalk

        Comment

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