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  • Time restrictions on change motions.

    Are there restrictions on how soon you can file a change motion (Rule 15)? I have heard many people quote different time frames but have seen no references?

    Are they covered by the Family Law Rules or some other act/regulation?

    Thanks

  • #2
    I will answer my own question after doing some research.

    There is no specific rule that says you have to wait for a certain amount of time before you file a motion for change (Form 15) except in the case of child support payments which require six months. That does not appear to be a rule either but a policy of the Ontario Court of Justice. I got the info from calling the court.

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    • #3
      Originally posted by kevindell View Post
      I will answer my own question after doing some research.

      There is no specific rule that says you have to wait for a certain amount of time before you file a motion for change (Form 15) except in the case of child support payments which require six months. That does not appear to be a rule either but a policy of the Ontario Court of Justice. I got the info from calling the court.
      Remember a "motion to change" on any other issue has to be a "substantial" issue. Because your ex called you a moron isn't a substantial change.

      Furthermore, you would probably need a FINAL ORDER to file a motion to change. It gets sketchy because you may have to appeal as well if the motion is on a temporary basis but, that will just get you to trial faster.

      Motion to change are serious business and you can find yourself back re-arguing the whole damn shooting match again. Roll the dice on a motion to change (substantial change) and talk to a lot of different QUALIFIED family law lawyers prior to doing so. Judges don't take kind to those who drag people continually back to court on BS.

      Good Luck!
      Tayken

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      • #4
        Originally posted by Tayken View Post
        Remember a "motion to change" on any other issue has to be a "substantial" issue. Because your ex called you a moron isn't a substantial change.
        I wish all this was just about name calling. It would not even concern me.

        When I talked to duty counsel they said that I should proceed with an ex parte motion if she pulled another stupid stunt between now and when the motion will be heard.

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