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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 07-19-2017, 08:55 AM
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plainNamedDad44 plainNamedDad44 is offline
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Default Cross Motions - what relief can be asked for ?

Hi Community,

I understand that I am allowed to cross motion, that is bring my own motion forward in response to a motion by the other party.

Question: Does the relief being sought in my cross motion need to be immediately related to the matters put forward in the other parties motion ?

Eg. they motion for futher disclosure, I motion for back C/S.... Allowed ?


Thank you
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Old 07-19-2017, 09:05 AM
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found this, comments welcome

https://bermanbarristers.wordpress.c...ules-of-court/
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Old 07-19-2017, 10:01 AM
OrleansLawyer OrleansLawyer is offline
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It depends on the court house.

If you do not need to schedule motions ahead of time with the court, then you can serve your cross-motion 4 days before to be heard on the motion date concurrent with the original motion.

If the motion needs to be scheduled ahead of time then you should advise the other party that you want to bring a cross motion when the motion is scheduled. That way, the amount of time allotted to your matter is appropriate. Otherwise, your cross-motion served 4 days before (when the original motion was scheduled in April) risks being adjourned with costs.
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Old 07-19-2017, 10:43 AM
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thank you OL.

the other (motioning) party scheduled as a short motion. and I found this:
Consolidated Practice Direction Concerning Family Cases in the Toronto Region | Superior Court of Justice

indicating that as long as the expectation is that everything takes less than an hour (motion and cross motion) then no additional scheduling should be needed. Most of the short motions I have been involved with run more than an hour, despite being scheduled as a short motion. My experience is that as long as the expectation of the motion and cross motion being completed within an hour is reasonable, their should be no risk of adjournment and costs.

sound reasonable ?

Last edited by plainNamedDad44; 07-19-2017 at 10:44 AM. Reason: grammar
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Old 09-05-2020, 07:31 AM
LovingDad1234 LovingDad1234 is offline
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I understand this topic is 3 years old but my question is related to this thread topic and did not want to start a new thread unnecessarily.

Should the ex bring a MTC, does the court allow you to first make an attempt to outright dismiss (quash) the motion due to no material change; and IF the MTC is allowed to proceed, you can then say that you want to bring forward a cross-motion of your own to resolve issues your ex didn't raise in their motion?

(What I would like to do is 1st quash the MTC, but if I have to go through a motion, I will want to bring up some burning issues of my own to be adjudicated)
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Old 09-06-2020, 07:51 AM
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When you ask for Orders, you list the one you want most at the top and for the others you can preface them with “In the alternative” for your second/third choice Orders. You can also, at the appearance itself, ask that your other items of relief be disregarded/dismissed if the openings MTC is dismissed. Except that I believe most motions are being decided on written materials only (not just 14B but 14 as well) without the need for viva voce. Most jurisdictions are also putting VERY strict page limits on affidavits and exhibits; the more issues you have, the less you can say about each of them and the weaker your case is for each item.

Judges (even moreso right now) want motions to be simple and short. If the stuff you are wanting to bring up isn’t really important (as indicated by you only wanting to go ahead if the MTC is accepted) then I wouldn’t include it. It is also a distraction for you - your energy should focus on fighting the MTC if you believe it is not valid. Put your effort into a severable OTS (that maybe includes your side issues?). You can always file a motion of your own later. With the current huge backlog of motions, judges are NOT interested in hearing petty shit, and barring major issues like access and significant financial issues they have very high expectations of what is motion-worthy. A pissed off judge is not your friend.

Last edited by tilt; 09-06-2020 at 07:54 AM.
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Old 09-06-2020, 10:49 AM
LovingDad1234 LovingDad1234 is offline
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Quote:
Originally Posted by tilt View Post
When you ask for Orders, you list the one you want most at the top and for the others you can preface them with “In the alternative” for your second/third choice Orders. You can also, at the appearance itself, ask that your other items of relief be disregarded/dismissed if the openings MTC is dismissed.
So I would write it down as:
1- The MTC should be dismissed on the basis of no material change.
2- Alternatively, should the dismissal not not be granted, I seek relief in the following:
a) Issue 1
b) Issue 2
c) Issue 3, etc...
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Old 09-07-2020, 04:05 AM
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Yes, but ONLY if it is a major issue AND you have already discussed it in writing with the other side and they have been unreasonable.
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