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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 02-04-2022, 02:08 PM
Hide on Bush Hide on Bush is offline
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Default Form 20: Request for Information Denied

I submitted a request for information through a form 20 to the other party with no response after 20 days. I then received a message from the court house after submitting it to the court showing service and I was told that it was rejected because it didn’t pertain to child protection.

I have read on here various times of people using form 20s for seeking information not pertaining to child protection. Has anyone else had issues submitting them to the court?
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Old 02-04-2022, 02:38 PM
rockscan rockscan is offline
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My husband had a motion date set for a form 20. Did you use the wrong form or fill out the wrong box? You may have to try checking with the clerks office what is wrong with it. Form 20 is disclosure nothing else.
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Old 02-04-2022, 02:50 PM
StillPaying StillPaying is offline
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Court is correct; however people use them for disclosure requests which is nothing more then sending an email request with a fancy court header. You wouldn't file that - you used it in an affidavit or when cross examining.
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Old 02-04-2022, 04:47 PM
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Quote:
Originally Posted by StillPaying View Post
Court is correct; however people use them for disclosure requests which is nothing more then sending an email request with a fancy court header. You wouldn't file that - you used it in an affidavit or when cross examining.
Oh okay so it’s not an official request through the court similar to a request to admit. Gotcha. If they don’t disclose the information what’s the next step? Motion?
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Old 02-04-2022, 05:41 PM
pinkHouses pinkHouses is offline
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So is the proper form:
step 1: Use a Form 20 for disclosure (employment history, financial statements)
step 2: wait 20 calendar days
step 3: file a motion for disclosure and use that form 20 in the affidavit and ask for costs.

Instead of Form 20 a simple email can be sent?
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Old 02-04-2022, 06:17 PM
StillPaying StillPaying is offline
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In terms of disclosure, Form20 and an email would hold the same weight. Ask for items. If they're not provided in a reasonable time frame, bring a motion if needed.
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Old 02-04-2022, 08:25 PM
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Originally Posted by StillPaying View Post
In terms of disclosure, Form20 and an email would hold the same weight. Ask for items. If they're not provided in a reasonable time frame, bring a motion if needed.
This.

In fact, you need to explicitly state you are making a request in accordance with Rule 20.(7) of the Family Law Rules. Rule 20 covers disclosure and questioning.

https://www.ontario.ca/laws/regulation/990114#BK47

Also, you need to remind the clerk that Rule 20.(7) is the request. Rule 20.(3) does not govern the use of a Form 20 (which reflects Rule 20) nor does Rule 20.(3) make all Sub-Rules for "child protection cases only".

99% of clerks are not familiar with the Rules. They rejected you because you are NOT a lawyer. Its discriminatory practice common in the courts expecting everyone to be represented.

File a motion seeking the disclosures set forth on your Form 20, attach the Form 20 to your affidavit as evidence of service to your kind request for the financial disclosures.

Many unrepresented folks think that Form 20 is something you just hand in and get a motion made. You still have to go through the standard motion process folks. You use Form 20 to notify the other party you will bring them to court on motion for the disclosure. Its a form of NOTICE for the request. Just like a letter would have been.

You need to hire a lawyer. Speak to your CO. You may be able to get legal advice through the Military's services program.

Good Luck!
Tayken
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Old 02-04-2022, 09:40 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by Tayken View Post
99% of clerks are not familiar with the Rules. They rejected you because you are NOT a lawyer. Its discriminatory practice common in the courts expecting everyone to be represented.
Thanks for technical bit about mentioning the rules!

Rejection happened to me for another thing. Even after I pointed out the rule they still insisted I was wrong 40 minutes of debate and much more but I got it in and was offered an apology. It was bad, at the very least people should get a note saying why they were rejected so they can show a judge later.

When is it appropriate to send a form 20?
Right after the response time has expired but before the CC.
After the CC.
When?
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Old 02-04-2022, 10:18 PM
StillPaying StillPaying is offline
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When should you request disclosure - as early as possible. Usually before court begins to determine if it's even necessary. Then you may need to put your unanswered requests in an order and/or have a motion for them. Failing that, it'll be on them to explain why the requests were denied.
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Old 02-05-2022, 10:05 AM
Hide on Bush Hide on Bush is offline
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Quote:
Originally Posted by Tayken View Post
This.

In fact, you need to explicitly state you are making a request in accordance with Rule 20.(7) of the Family Law Rules. Rule 20 covers disclosure and questioning.

https://www.ontario.ca/laws/regulation/990114#BK47

Also, you need to remind the clerk that Rule 20.(7) is the request. Rule 20.(3) does not govern the use of a Form 20 (which reflects Rule 20) nor does Rule 20.(3) make all Sub-Rules for "child protection cases only".

99% of clerks are not familiar with the Rules. They rejected you because you are NOT a lawyer. Its discriminatory practice common in the courts expecting everyone to be represented.

File a motion seeking the disclosures set forth on your Form 20, attach the Form 20 to your affidavit as evidence of service to your kind request for the financial disclosures.

Many unrepresented folks think that Form 20 is something you just hand in and get a motion made. You still have to go through the standard motion process folks. You use Form 20 to notify the other party you will bring them to court on motion for the disclosure. Its a form of NOTICE for the request. Just like a letter would have been.

You need to hire a lawyer. Speak to your CO. You may be able to get legal advice through the Military's services program.

Good Luck!
Tayken
Thanks a lot for the detailed response like always!

Would it be more appropriate to attach the form 20 and their refusal to the case conference brief and requests an order from the CC judge or go through a motion prior to a case conference? I know motions prior to a CC are for specific purposes in which I don’t know if this would fall under.

I am in the process of finding a lawyer I can afford but until then I am still on my own.

Also do you know if the Military services program you mentioned is free and available for people who aren’t in the military? I can give them a shout on Monday but I feel like it’s more served for people who are military members.
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