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  • 14B Motion

    With all other issues having been dealt with via court order, I've been trying to get the last piece of business out of the way - the actual divorce.

    After much run-around I was told that prior to applying for the divorce I first needed to sever it from the other issues. So more forms were filed and weeks wasted. I received a response from the court yesterday. It was hand-written and difficult to read. It indicated that whoever wrote it (the name was an indecipherable signature) had decided that my ex needed to be served/notified before we could proceed with severing the divorce. It indicated that I needed to file a Form 14B, but was annoyingly vague about what exactly they wanted me to put on it. No contact information was given or phone number to call.

    So now I'm looking at the 14B and have no clue what to do. I'm assuming the order I want them to make is severing the divorce, but that's about it. Hearing Date? Case Mgmt Judge? If I indicate that it is made with the consent of all parties, do I get the ex to sign it? Page 2 is a mystery - not sure if it even applies to my case. I have no clue what they want me to do re: notification to the ex.

    Anyhow, just frustrated by the complete lack of direction on the part of the court here. I took a day off work and filed everything exactly as the clerks told me to, and now I'm clueless and back at square one again.

    Any assistance you guys could provide would be appreciated.

  • #2
    Can you attend a FLIC ( family law information centre)?

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    • #3
      First, I discovered the hard way that the court system does not educate litigants, it makes decisions presented by litigants in the form of testimony, evidence and arguments. You should attend FLIC for guidance.

      Anyway, 14B and 14A go hand in hand. It was explained to me like this: a 14B asks the court to make an order, a 14A explains to the court why you want the order made. 14A is an affidavit and can include other documents as exhibits.

      In the 14B motion you are doing 3 things:

      1. Set down the order(s) you want the court to make. You write this like
      "The court orders that John Smith shall....."

      NOTE: keep your orders simple and clean and numbered

      2. Indicate if the motion is a consent motion or if it will be contested. If it will be challenged, then whether it should be heard in person or by written submissions.

      NOTES: A consent motion is often procedural, for example you ask the court to extend some filing deadline and both parties agree to the deadline. If this is the case you MUST file a letter or other document from the other party indicating their consent to the motion.
      A contested motion means the other party will need time to respond. The other party can file their own affidavit with any counter motions they want. There are rules about the time needed to serve and file before the motion can be heard. As the motioning party you can ask for the motion to be heard in person or by written submissions only. If you are want a hearing in person, you must schedule with the court coordinator and get agreement from the other party about the day/time before filing the motion with the clerk. Do not try to get a complex motion done in written submissions only - it will be challenged and slow you down.

      3. If you want the justice to review other documents in the continuing record or case law, then you cite them in the respective sections.

      NOTE: don't feel compelled to fill these in if there is nothing to refer to.

      The file number is the same from your previous orders and case management justice is whoever handled your original case (assuming you had conferences).

      So create your 14A and get it sworn. Sign the 14B. If you want a hearing get dates from the coordinator confirm one of them with the other party. Serve copies and file the original documents with affidavit of service and attend the hearing ready to represent your orders.

      I recommend you go to FLIC after you've done your first draft and get advice on it.

      FG

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