Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 02-15-2011, 09:54 PM
dadtotheend's Avatar
dadtotheend dadtotheend is offline
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default Court appearance question

A friend of mine asked:

"I have previously had my ex's motion to changed dismissed due to his delay, lack of correct documents, etc. I am self representing, he has, or had a lawyer, I do not know if he still does. I have now filed a new Motion to Change, served on him January 4th. The first court hearing is this Thursday, February 17th. I have not had any response from the defendant. I did call the court house today and they confirmed as well that nothing has been filed. He has had well over 30 days to file a response, but nothing. The court has advised me he can still show on Thursday with his material? Can he do this and what is my best move here?"

I say go to court and make your appearance known. Yes he can walk in the materials. That 30 day deadline means jack in family law. Your best move is to push the matter forward at court, with or without him.
  #2  
Old 02-15-2011, 10:59 PM
Rayon de soleil's Avatar
Rayon de soleil Rayon de soleil is offline
Junior Member
 
Join Date: Nov 2010
Posts: 14
Rayon de soleil is on a distinguished road
Default

Hi Dadtotheend,

Although sub-paragraph 10(5) of the Family Law Rules (aka suggestions) states that if you fail to serve and file your Response within the 30 days you will not be allowed to participate in the case...judges will usually grant an extension upon request (along with some type of excuse).

You can ask the judge to find the other party in default and apply the rule, but this is usually seen as intransigent. You can agree to give the other party more time and seem like the reasonable one...If the other party does not show up at the hearing, then finding him in default would be me preferred route.

If your friend is handed a pile of documents upon the hearing, she may ask for time to review the material, either a recess or an ajournment.

I hope all goes well.

Rayon de soleil
  #3  
Old 02-16-2011, 07:47 AM
Kenny's Avatar
Kenny Kenny is offline
Senior Member
 
Join Date: Feb 2010
Location: Ottawa, Ontario, Canada
Posts: 208
Kenny is on a distinguished road
Default

FLR 10(5) absolutely states what you say, but from recent personal experience, the court may just very likely give your ex further opportunities.

In my case, after she missed two court appearances, the ex got faxed permission to file three months late just two days before the uncontested trial was to commence. Furthermore, she even filed that late response, three weeks after the date the judge gave her. Even more, she didn't file a single document for our recent settlement conference, but was allowed to fully participate as if she had!

So, by regulations, you are absolutely correct, but in practice, your ex may get a few more breaks.
  #4  
Old 02-16-2011, 09:40 AM
kelly kelly is offline
Member
 
Join Date: Oct 2010
Posts: 62
kelly is on a distinguished road
Default

Well this obviously doesn't seem fair but in the end, it is the judges call. From my ex, he has skipped out on 3 court appearances, has been jailed 3 times for non payment and when he filed a "Motion to Change" last August, he submitted it with incomplete forms, no financial information, etc. He actually just filed his 2005, 2006, 2007 2008 and 2009 tax returns this past August. He has dodged child support for years and now, just surfacing, because the kids are going to post secondary school? He wants to fight it. He was made to show where he was working so now, they have been able to start garnishing him. As I mentioned, I had his previous motion dismisssed, started my own and no response. So it will be interesting what chances, now, he will get..
  #5  
Old 02-17-2011, 01:22 AM
brad yo brad yo is offline
Banned
 
Join Date: Feb 2011
Location: too much info
Posts: 17
brad yo is on a distinguished road
Default

yo go see a lawyer
  #6  
Old 02-17-2011, 12:28 PM
kelly kelly is offline
Member
 
Join Date: Oct 2010
Posts: 62
kelly is on a distinguished road
Default Uncontested Trial Set..what to do now

So I have been to court, the ex had not responded to my Motion to Change that was served on him January 10th. He showed up to court today, no material at all and I have had the matter put to an uncontested trial. Can anyone give me any advice as to how this go? What exactly I need to do?
  #7  
Old 02-17-2011, 12:29 PM
kelly kelly is offline
Member
 
Join Date: Oct 2010
Posts: 62
kelly is on a distinguished road
Default

He showed up, but brought his lawyer he has previously used. The lawyer said he was acting as the ex's "agent only" for today's purposes. Any help to prepare for the uncontested trial would be helpful.
  #8  
Old 02-17-2011, 06:20 PM
Kenny's Avatar
Kenny Kenny is offline
Senior Member
 
Join Date: Feb 2010
Location: Ottawa, Ontario, Canada
Posts: 208
Kenny is on a distinguished road
Default

You will need a 23C Affidavit for Uncontested Trial, 35.1 Affidavit for Custody and a sworn financial statement to start. Those form are very easy to complete in MS Word, print well and are, for the most part, self-explanatory.

The forms might seem overwhelming, but just take them part by part and you will get through it. The FLIC can proof them for you as well.
  #9  
Old 02-25-2011, 01:58 PM
kelly kelly is offline
Member
 
Join Date: Oct 2010
Posts: 62
kelly is on a distinguished road
Default

Quote:
Originally Posted by Kenny View Post
You will need a 23C Affidavit for Uncontested Trial, 35.1 Affidavit for Custody and a sworn financial statement to start. Those form are very easy to complete in MS Word, print well and are, for the most part, self-explanatory.

The forms might seem overwhelming, but just take them part by part and you will get through it. The FLIC can proof them for you as well.

Well, I have completed everything,,everything has been filed and respondent now just sent to me his RESPONSE to motion to change..the courst would not accept it, it was only sworn by his lawyer. Has he lost all his rights still in the Uncontested Trial set
  #10  
Old 02-25-2011, 03:04 PM
kelly kelly is offline
Member
 
Join Date: Oct 2010
Posts: 62
kelly is on a distinguished road
Default uncontested trial

Any advice
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Defining Contempt of Court Epona Divorce & Family Law 9 03-20-2013 11:41 AM
Unjust enrichment - which court? -clean hands? Strider22 Common Law Issues 4 06-09-2012 07:18 PM
first court date question dav66 Divorce & Family Law 5 09-07-2011 05:10 PM
Hello and child support question noelle78 Introductions 13 01-25-2011 09:55 PM
Curious question Kimberley Divorce & Family Law 3 10-24-2008 10:45 AM


All times are GMT -4. The time now is 09:33 AM.