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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 04-08-2009, 08:58 PM
frustrated11 frustrated11 is offline
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Default no answer, motion to vary, confused on forms

Hi,
We filed a motion to vary, the 30 days is almost up and there has been no answer from the ex. Does anyone know what comes next if they do not respond? Do we file 23C (Affidavit for uncontested, trial dated) or 14B (Motion form:with notice to all persons affected -unopposed). This is getting very confusing on what forms to use. Also the section for Tabs of the continuing record is confusing. Where would I get that information?

Also, we did not say anything about daycare in motion. How would we have it added to the motion? Since my hubby is not working and trying to locate a job, we want him to be able to take care of the child which we have asked her in several emails.

Sorry about asking so much and thank you for any assistance
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Old 04-08-2009, 10:47 PM
AtALoss AtALoss is offline
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The tabs would be used to separate sections, every document that you enter has its own tab. It is just as a reference to a different document that you are presenting. So a motion would have its own tab same as would an affidavit etc. Think of it like a filing(folders) system. Keeps it organized.

You would need the 23C next, If which you may well have also sworn the affidavit of service, she has recieved it and it is her tough luck that she has not responded. You would have been given a date, it is up to her to show up on that day. You would irregardless give your 23C to the Justice then.

A 14B is used mainly as a request for clarification tool. Say you wanted clarification on an issue in an order or other information that you may require.
As an example; My spouse was told to file a 14B once when he missed a court appearance that was supposed to address costs. He had missed due to medical reasons and our lawyer suggested that he could do this to find out what happened.
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Old 05-20-2009, 09:11 PM
frustrated11 frustrated11 is offline
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In 23C are you able to attach exhibits like a regular affidavit? I have to get it all ready to go and I would like to provide as much info to the court. Also, do I file copies of the order I'd like and the stamped envelops along with the FRO paperwork?
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