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How to file a response to a motion to change from outside of Canada

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  • How to file a response to a motion to change from outside of Canada

    Currently outside of Canada on a volunteer project.

    - ex initiated a motion to change information in regards to access schedule of an existing court order

    - Was served with it less just over 30 days but less than the stated 60 days in the family law rules and right on the motion form via email.

    - I am not contesting the motion to change information, I will complete a consent to motion document and I can serve it upon her lawyer from abroad

    however;

    - The consent to motion document requires affirming and signature in person at courthouse and I cannot return to Canada right now.

    How can I get this document filed with the courthouse? Can a lawyer do it and would a lawyer take on just a paid task of printing, affirming and filing a document for someone they do not represent?

    Because the Family Law rules for service time for out of country were not followed, could I request an adjournment to a later date to allow me to properly respond to the late serving of the document and by email?

    Cheers!

  • #2
    I've done it (affidavit) and had a lawyer, whom I had never met before, process it for me. I recall signing the affidavit and initialing every page and the lawyer initialing beside my initials. Then the lawyer signed the document (my lawyer in Alberta Canada had prepared the document) and he signed another legal document attesting to my signing it in his presence. Cost me around 150.00 ... very simple. This was sent directly to the courthouse in Alberta with a copy to my lawyer. You could phone the courthouse in Canada and find out their requirements (might vary Province to Province). If your divorce was in the Superior Court you want to get the appropriate lawyer in the country you are in to execute the document.

    Shouldn't be too difficult and you should not have to request adjournment for this simple matter.

    Please post after you do this to let us know how you made out (for benefit of future readers).

    Comment


    • #3
      That is good news, however since I am consenting to her motion to change information I don't think an affidavit is needed. Just the consent to motion form.

      Considering they served me well, well after the required 60 days notice as per the family law rules for one outside of the country, do you think I can find success in requesting an adjournment on her motion court date citing such rationale. Perhaps I want to look into getting a lawyer through legal aid?

      Comment


      • #4
        If you are in agreement to her motion then why not simply sign and get notarized and send to her lawyer to file. Why create waves?

        Comment


        • #5
          I agree with you, however I don't agree with our tolerate another lawyer playing dirty pool and her client lying in her affidavit.

          The motion to change document they completed and served me (via email however) states clearly in it, 60 days notice for outside of Canada and right in their documents they claim I have not been in Canada since 2017 sooooo....

          What if I didn't consent to this motion, service was sent to an old email address almost 30 days notice before court date at most. They also received a temporary court order and failed to include it (although they listed it) in their email "service" once again intentional I'm sure. What if I wanted to exercise my right to legal representation and right to a day in court? I have no means or ability to come home for a June court date, my only option for legal representation would be to apply for and receive Legal aid and that process does not just take a few days. By not following the Family Law rules (intentionally) they sort of screwed me and to me that is not acceptable.

          Hope that explains my response.

          Comment


          • #6
            My ex has filed motions without informing me several times. I simply faxed a request to attend via telephone. Court clerk contacted me and tested my phone line and I did, indeed attend court. On both occasional I requested, and received, adjournment. I recall the last time I requested and received 90 days. Date was agreed upon in court and order ensued and I received a copy by email. You could check with court clerk of where your matter is being heard and make similar arrangement.

            Comment


            • #7
              Great information. Thank you for sharing that with me.

              Comment


              • #8
                I have to say it is a tad intimidating to attend via telephone, at least the first time anyway. The court clerk announces that court is in session with honorable xxx presiding and that Ms. XXX is in attendance as is XXX representing the applicant and away you go (the applicant goes first). Judge may or may not get right to the point that you are seeking adjournment (you should let clerk know ahead of time).

                I would warn you, however, to always be prepared in the chance that the judge doesn't want to give you adjournment. You could ask to be put at the end of the docket though and that would buy you a few hours. If you do go ahead just remember to listen very carefully and ask for clarification if you are unsure of the judge's questions. Never interrupt the judge (or anyone else for that matter). Remember, everything you utter is being recorded. You can order the transcripts afterwards.

                Comment

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