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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 05-09-2022, 06:40 AM
uppercanada uppercanada is offline
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Default 7 months no decision on motion

Please I need opinions on how to proceed. motion on parenting was heard 7 months ago and Judge still has decision reserved. Is this not defeated the purpose of temporary relief and even justice. What can I do? issue can't move to trial as the other party did not even offer anything.
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Old 05-09-2022, 07:31 AM
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Jeff Jeff is offline
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I had a similar situation recently. I wrote the trial coordinator a very polite email asking that the matter be looked into. A few days later I had the decision.

I am not sure there is much more you can do. You don't want to upset the Judge who is writing your decision.
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Old 05-09-2022, 08:06 AM
uppercanada uppercanada is offline
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Originally Posted by Jeff View Post
I had a similar situation recently. I wrote the trial coordinator a very polite email asking that the matter be looked into. A few days later I had the decision.

I am not sure there is much more you can do. You don't want to upset the Judge who is writing your decision.
Thank you Jeff. This is really concerning. Why should a judge be upset. I know courts are busy but 7 months for a decision on a single issue interim relief is not Justice, even if the decision comes today it is still not Justice. Should Judges be upset or go to work with their emotions because of an inquiry? Isn't there a timeline for a decision to be released?

Do I have to include the OP in the letter if I write one.
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Old 05-09-2022, 09:10 AM
Brampton33 Brampton33 is offline
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I am sure Jeff is better versed than I am on this topic, but just my 2 cents. Judges are SUPER busy. The court system has a very strict schedule. You will see when you look how the court schedules things. You will notice that Tuesdays is reserved to hear motions. Whereas Wednesdays its filled with CAS cases. Thursdays tends to be 1st appearances, case conferences and settlement conferences. So judges literally block off Friday afternoons to sit in the office and write out decisions. Its a constant game of catch-up given that they spend their weeks in the courtroom, and only 1 day at a computer writing decisions out.
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Old 05-09-2022, 10:26 AM
uppercanada uppercanada is offline
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Originally Posted by Brampton33 View Post
I am sure Jeff is better versed than I am on this topic, but just my 2 cents. Judges are SUPER busy. The court system has a very strict schedule. You will see when you look how the court schedules things. You will notice that Tuesdays is reserved to hear motions. Whereas Wednesdays its filled with CAS cases. Thursdays tends to be 1st appearances, case conferences and settlement conferences. So judges literally block off Friday afternoons to sit in the office and write out decisions. Its a constant game of catch-up given that they spend their weeks in the courtroom, and only 1 day at a computer writing decisions out.
I do not disagree that the courts is busy. There have been many Fridays over the last 7 months. I am just at wits end on this. I am looking at cases on Canlii from the same court being released in record time even trials of over 2 weeks have its decisions released within 4 weeks. Do I just have to wait indefinitely? It is as if the court is helping the OP create a false status quo. Is this what Justice look like? Shouldn't there a timeline for Judges to release their decisions? Is it still a temporary relief if you have to wait 7 months plus on a motion and counting?
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Old 05-09-2022, 10:38 AM
Brampton33 Brampton33 is offline
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Originally Posted by uppercanada View Post
I do not disagree that the courts is busy. There have been many Fridays over the last 7 months. I am just at wits end on this. I am looking at cases on Canlii from the same court being released in record time even trials of over 2 weeks have its decisions released within 4 weeks. Do I just have to wait indefinitely? It is as if the court is helping the OP create a false status quo. Is this what Justice look like? Shouldn't there a timeline for Judges to release their decisions? Is it still a temporary relief if you have to wait 7 months plus on a motion and counting?
There is no timeline. Your best bet is to go to the counter and politely enquire with one of the clerks at the front desk. They might be able to tell you where you re in the order of things.

For those reading who have cases before the court. Heads up that it will take a LONG time to process your court application....so definately consider if you can reach a settlement. If you are near settlement and hung up on minor details, ask yourself if it'll matter in 5 years, because by the time it gets resolved, said issue may be a moot point.

Last edited by Brampton33; 05-09-2022 at 10:41 AM.
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