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  • Clerk's Default/ Teleconference

    Hello all,

    Its been a while since I have been on here so i will give you a bit of a back ground. I was awarded 50/50 custody of my son after taking my ex to court in 2014. Before that i was an every other weekend dad. Our 14 year old son has now decided to live with me and my spouse fulltime. This has been the situation since December 2018. He has been seeing his mother every other weekend since then. During this time have asked my ex for child support due to him not living with her anymore and asked her to abide by the family law rules of child support. This was to no avail, she told me she doesn't make enough money and is not required to pay child support. After months of sending her Offers to Settle in February of this year I served her with court papers to change out current agreement and to have her start paying CS. Then the pandemic happened. All courts were shut down.

    Both my ex and I are essential service workers and we have both worked the entirety of the pandemic. Up till now I have not received a response from her as required by family law rules.

    Today I received and email and a phone call from out county court clerk advising me of a teleconference call that I will be having with the court clerk in December. During this conversation the clerk advised me that my ex has not submitted a response and we are going on 9 months now and that I should perhaps seek legal advice on my options on how to handle this moving forward.

    So I googled my situation and it stated something about a CLERKS Default. I looked into this but i can not find any forms for this..My question is. Is there court forms for this that I can submit to have this issue resolved accordingly.

    Thanks in advance....

  • #2
    Is your teleconference a First Appearance?

    Typically, in your situation, at the First Appearance, you would ask the clerk to note your ex in default. This means that you are permitted to proceed without providing any further notice to your ex, and your ex is not permitted to participate in the proceedings.

    Pre-COVID, you would also ask the clerk to schedule an uncontested trial where you would present your case to the Judge. With COVID, a lot of courts are handling the uncontested trial similar to a motion, without an in-person appearance. You can ask the clerk about that, and the clerk will let you know the proper procedure to follow for your local court to get an uncontested order.
    Ottawa Divorce

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    • #3
      I could be wrong but they may be trying to dismiss the matter. You may want to request the matter be heard and reserve your ex with paperwork or ask about having a judgement made in lieu of her refusal to respond.

      It may be worth a 30-60 minute convo with a lawyer or even a visit/call to your local Family Law Information Centre (FLIC) at the courthouse.


      Sent from my iPhone using Tapatalk

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      • #4
        She isn't trying to dismiss this, she is hoping it will just go away without handling it. It has been her MO for every court appearance or motion brought before the court in regards to our case.

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        • #5
          Yes Jeff this is our first appearance. However as the court clerk mentioned she has had 9 months to respond and has yet to do so.

          I will go to the court house on Friday and see what can be done. I am self representing so I dont have access to a lawyer to ask questions to.

          Comment

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