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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 07-06-2006, 02:18 PM
sloane sloane is offline
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Question Confused and need help !!

I recently filed papers with the courts (today actually) to try and get an interim custody order for my granddaughter. The motion i filed was a 14B with an affidavit attached as well as notes that I had made which I listed as Schedule "A". The motion included me asking to have service dispensed on the respondent parents as I don't know where they are and I am unable to get in touch with them. I documented what I have done to try and find them (to no avail) and they were accepted at the docket filing desk and I was told that I don't get to see a judge but instead the judge reviews the court papers in chambers and they will mail the result to me in a few days. The part that I am confused about is that my lawyer (legal aid unfortunately) has not heard of an ex parte hearing being done in chambers. Can anyone shed any light on this for me? Will this work to be in my benefit or by not hearing me or seeing me could it work against me? Any info about this would be appreciated.

Sloane
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Old 07-06-2006, 11:52 PM
logicalvelocity logicalvelocity is offline
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Sloane,

I think the problem with your situation is that you're somewhat of a third party to the ongoing case, hence the reason for an exparte motion in chambers.

lv
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Old 07-11-2006, 12:35 AM
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I think it's going to depend on the judge - I've seen several ex parte motions just done in chambers like that.

What were the results?
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Old 07-11-2006, 09:51 AM
sloane sloane is offline
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Well....the judge denied the motion to dispense with service because he felt that I didn't do enough to find the parents. I don't know how much more I could have done. The mother is a drug addict and short of me going in and out of the scummiest bars and restaurants in the downtown area, I am not going to find her. She has no address, no phone #, her own mother hasn't spoken to her since Christmas and her sister hasn't seen her in over 3 months. The father of the baby also has no address, no phone #, he has a sister but I don't know her last name and don't have a phone # for her. All I know is that she lives in Ajax. I don't know the name of the company he works for and he is a long haul truck driver and is out of Toronto for 3/4 of every month. I called the motels that they had stayed at previously and they aren't there. I called the shelter they were staying at before but because of confidentiality rules they are not allowed to give me info (I know that they aren't staying there though), and I called 411 with their names and last known addresses to see if any numbers were listed. All of this turned up nothing. WHAT IN THE WORLD DOES THE JUDGE EXPECT ME TO DO NEXT!!!!!!!!!! On a bright note, now it is up to the process server to find them. I really don't understand what the judge was thinking when he denied the motion. Can anyone tell me what more I could have done to find them. I think I just got a judge who was having a bad day or something. Maybe he should go search the crack houses for the mother. LOL. If anyone can tell me what the main points a judge will base a custody decision on I would appreciate it. Venting feels good!!
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Old 07-11-2006, 11:04 AM
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Hi sloane,

It's possible the judge may have wanted to see that you went as far as to hire a private investigator to find the parents. PI's have powerful search engines that allow them to locate people using last know addresses, SINs, dates of birth, etc. They are generally very good at using different methods to find people who can't be found or don't want to be found.

Did you mean that the issue is now in the hands of a PI to find them? I'm not sure how much help a process server will be. They can't serve documents unless they know where the parties are located.

Lindsay
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Old 07-11-2006, 12:00 PM
sloane sloane is offline
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Hi Lindsay. I haven't hired a PI. I can't even afford a lawyer. I'm doing this through legal aid. I have both of their birth dates but that is it. I have a court date of August 16 but what happens if I have still been unable to serve them at that time?

Sloane
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Old 07-11-2006, 12:06 PM
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Hi sloane,

Was your motion rescheduled to August 16 to allow you time to serve the parties? How did the process server come into play?

Lindsay
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Old 07-11-2006, 03:07 PM
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When I filed the motion at the courthouse I was given the date of August 16 and I also filed the motion for dispensing with service. I think she gave me the date if the motion was denied. Never had to do anything like this before so I have no idea what is going on. I was told by a friend that a process server could serve the father with papers. I have concerns about doing it myself. I don't suppose you happen to know if PI's are covered by legal aid!!!
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Old 07-11-2006, 03:28 PM
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Hmm, that's strange! I'm surprised a judge looked over your materials and made an endorsement despite the fact that your motion wasn't to be heard until August, but it's good that you didn't have to wait

A process server can serve the parents, but only if he/she knows where the parents can be found. On the other hand, there are a lot of companies that offer both PI services and process serving services.

I confirm that for a process server to serve a party (if the process server knows where the party can be found) will likely cost between $40.00 and $60.00. The more attempts the PS makes to serve the party, the more it will cost you. This is because the PS is using extra mileage, gas, time, etc.

Rates for PIs vary depending on what info you have. I suggest contacting Legal Aid to see what kind of services your certificate will cover.

Lindsay
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