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  • 14B motion

    I am filing a 14B motion but I would like the judge to have leave to decide what their order says.

    The 14B motion asks for rules and "order that I want the court to make"
    I put what I wanted in my affidavit except there are parts where I wish the judge to just pick option A, B or C.

    What do I put in that "Order that I want the court to make" section?

    Are these the right rules I need to reference?: 3(6), 3(7)?

    Also if these are supposed to be simple then why is there a section for having this heard "in a hearing at which affected persons may attend personally"?

    What if I get any of this stuff wrong?

  • #2
    For the Orders where you need them to make a choice, list them in order of your preference and for all orders after the first one say “in the alternative”

    1. The father, Ram Patel, shall have decision-making responsibility for the child Vita Patel, DOB

    a. [In the alternative] The father, Ram Patel, and mother, Roop Purewal, shall jointly share decision-making responsibility for Vita Patel DOB. The parents will consult with each other on all major decisions with Ram Patel having final medical and dental decision making responsibility and the mother Roop having all final decision making responsibility over education and religion.

    b. [in the alternative] The father, Ram Patel, and mother, Roop Purewal, shall share joint decision-making responsibility for their child Vita Patel, DOB.

    2. Child Support shall be set as $500 a month paid by the mother, Roop Purewal, to the father, Ram Patelon the first day of the month beginning with November 1st, 2020 in accordance with the 2017 Child Support Guidelines and an imputed income of 30,000.

    a. [In the alternative] Child Support shall be set as $490 a month paid by the father.... blah blah blah

    Judges want it to be as black and white and simple as possible. Something they can cut and paste. If you know what Judge it is, look up decisions in CanLII , with similar issues, by them and literally copy their wording at the bottom

    Orders are one place you don’t want to be too creative. Also, keep your “asks” to a minimum, one issue only, preferably.

    Comment


    • #3
      Thank you tilt!
      The [in alternate] piece was key.

      That helped straighten things out and I was able to complete the forms.

      Comment

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