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  • Motion Juridiction

    Another question for all you experienced ones.

    I've been served a motion to change child support only.
    Payor (ex) wants to reduce support.

    City A is the jurisdiction where I live, the children live, where ex and I met and used to live together, where our 6 month old FINAL order with Ontario Court is started, completed and filed.

    Ex lives in City B, neither kids nor I have ever lived there, he chose to move on his own volition many years ago.

    Now he's filed a Motion to change in Superior Court in City B.

    I am assuming this is a big mistake, I wouldn't be expected to travel to City B for this, would I? 2000 km away.

    How do I go about correcting this?

    FYI, I am asking that it be dismissed with costs, there is no material change in circumstance.

    Please help me, I am lost on this one.

  • #2
    Originally posted by OntarioMomma View Post
    I've been served a motion to change child support only.
    Payor (ex) wants to reduce support.

    FYI, I am asking that it be dismissed with costs, there is no material change in circumstance.
    All jurisdiction issues aside, why does the payor want to reduce child support? If it's for a valid reason, like a drop in income, why not just agree and stay out of court? You can't look to arguing about jurisdiction to deflect attention from a valid reason for the motion to change.

    Comment


    • #3
      Originally posted by Rioe View Post
      All jurisdiction issues aside, why does the payor want to reduce child support? If it's for a valid reason, like a drop in income, why not just agree and stay out of court? You can't look to arguing about jurisdiction to deflect attention from a valid reason for the motion to change.
      There's no valid reason. He actually had an increase in income.
      He wants to change something he literally just agreed to 6 months ago.
      All I want is to leave the final order as is.

      Trust me, if there was anyway to avoid court, I would.

      Comment


      • #4
        Same country I presume.
        Are you paid through a maintenance enforcement program? Has he lost his job recently? If this is the case then I would speculate that he is filing in the province which he lives in as a procedure to temporarily suspend collection actions.
        No you would not be required to attend court where he lives.
        Check out information on intra-provincial family court matters. Both Superior or Court of Queen's Bench (Alberta?) have information regarding deadlines and procedures on filing your response.

        Comment


        • #5
          Originally posted by arabian View Post
          Same country I presume.
          Are you paid through a maintenance enforcement program? Has he lost his job recently? If this is the case then I would speculate that he is filing in the province which he lives in as a procedure to temporarily suspend collection actions.
          No you would not be required to attend court where he lives.
          Check out information on intra-provincial family court matters. Both Superior or Court of Queen's Bench (Alberta?) have information regarding deadlines and procedures on filing your response.
          Same country, as a matter of fact, same province, cities very far apart.
          He has not lost his job and I am paid through FRO.

          Comment


          • #6
            I believe the jurisdiction would be the area where the child currently resides.

            Comment


            • #7
              Its the jurisdiction where child resides. Not sure what you file in response. Might want to speak to flic or even the clerk at the court.

              Comment


              • #8
                Actually if its only regarding finances it's done in the applicants jurisdiction (went through this in 2014). Access/cusody etc is done wherever child resides.

                Comment


                • #9
                  Originally posted by Wyntermcd View Post
                  Actually if its only regarding finances it's done in the applicants jurisdiction (went through this in 2014). Access/cusody etc is done wherever child resides.
                  Can you give me any more info on that?
                  I talked to a lawyer and she said it can't be heard in that jurisdiction. It's the wrong level of court, and wrong city. It needs to be where the children live and where the final order was heard. Which is where I am.

                  Sent from my SM-G903W using Tapatalk

                  Comment


                  • #10
                    I can't attach it because it's a pdf, but maybe this will help,

                    DECIDE WHERE TO MAKE THE MOTION


                    In most cases, a motion to change a final order or support agreement must be started in the
                    municipality where you or the other person lives. If the motion is to change custody of or access to a child, the motion should be started in the municipality where the child ordinarily
                    lives.


                    If you are asking the court to change a final order, you must go back to the same level of
                    court that made the order. For example, if the Superior Court of Justice made the order, you
                    must go back to a Superior Court of Justice location to change it. You will likely go back to
                    the same court that made the order you are asking to change unless one or both of you has
                    moved to another court jurisdiction.


                    If a support agreement was filed with the court, the motion to change the agreement must be
                    started at a Family Court branch of the Superior Court of Justice or the Ontario Court of
                    Justice.


                    If you are asking the court to change a final order, the names of the parties will be the same
                    as in the order, regardless of which party is making the motion to change. In other words, the
                    parties continue to be referred to as the applicant or respondent, but if you are the person
                    making the motion you are the moving party. The other person is the responding party.

                    Sent from my SM-T560NU using Tapatalk

                    Comment


                    • #11
                      Originally posted by Wyntermcd View Post
                      Actually if its only regarding finances it's done in the applicants jurisdiction (went through this in 2014). Access/cusody etc is done wherever child resides.
                      This is correct. See FLR 5.(1)

                      [quote]5. (1) Subject to sections 21.8 and 21.11 of the Courts of Justice Act (territorial jurisdiction — Family Court), a case shall be started,
                      (a) in the municipality where a party resides;
                      (b) if the case deals with custody of or access to a child, in the municipality where the child ordinarily resides, except for cases described in,
                      (i) section 22 (jurisdiction of an Ontario court) of the Children’s Law Reform Act, and
                      (ii) subsection 48 (2) (place for child protection hearing) and subsection 150 (1) (place for adoption proceeding) of the Child and Family Services Act; or
                      (c) in a municipality chosen by all parties, but only with the court’s permission given in advance in that municipality. O. Reg. 114/99, r. 5 (1).

                      The exception is on custody of or access to a child... Then it should be in the municipality where the child ordinarily resides. So, if the other party is only applying for a change in child support (not access or custody) then it can be filed in the jurisdiction where the party resides.

                      Good Luck!
                      Tayken

                      Comment


                      • #12
                        In case anyone was wondering, Wynter and Tayken are correct. I spoke to a lawyer and did more research.

                        If it's only dealing with finances, and not custody or access, then it can be in the jurisdiction where either party resides.

                        But I am still dealing with the issue of if being in the wrong forum. Final order is Ontario Court, motion to change was brought in Superior Court. Superior Court can't change my final order. Only the Ontario Court can. Not sure why ex did it this way, maybe stupidity, or maybe purposefully trying to cause more problems.

                        Comment

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