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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 12-04-2019, 08:14 PM
NathanM NathanM is offline
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Exclamation No Response to Motion to Change.

Hello, I seeking some advise on a recent event that happened within a "Motion to Change."


After serving the other party with a "motion to change." we had our first appearance.


In the first appearance the other party did not respond to the motion within the 30 days allotted. It was at least 15 days over the 30 day.


When the clerk asked why they were not ready, they said their legal counsel was unavailable to be there, and was told to ask for an "adjournment."


The clerk then asked if I would allow for the other party to have time to provide their response. Knowing the other parties tactics to use stall tactics to try to have me give up on the whole procedure, I declined the extension of service.


The other party refuses to give me their lawyers name or address, and has not provided any information to the courts for the continuing record.
( I would think that if the said lawyer actually was real, I would have heard something from them by now.)


I guess what I'm looking for, is advice on what is the next move/ form/ direction I need to take to have this continue. The other party did the exact same thing before and I didn't know where to turn. I can not afford legal representation and the other party is almost 30 k in the rears for support. FRO is a nightmare to deal with, can never get a response from them. ( but that is another ave I will go down when I get there)



Can anyone help me with the next move in my case?
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Old 12-04-2019, 09:17 PM
rockscan rockscan is offline
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Did you get a date for the next conference? If not then book a conference.
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Old 12-08-2019, 06:17 PM
NathanM NathanM is offline
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Hello,


I was wondering if that was the right route to go, filing a case conference.


Just didn't know if I could without a response from the other party.
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Old 12-08-2019, 06:25 PM
rockscan rockscan is offline
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If you went to your first appearance they would have scheduled the first conference for you. You would then file and serve your documents for that date.
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Old 12-08-2019, 06:39 PM
NathanM NathanM is offline
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That's what I assumed would happen... but the other party said they had a lawyer and needed more time to respond.
The clerk said there was no moving forward until the response was submitted. They said the other party had to file a motion for approval for an extension of their response. But there is no lawyer and no response to the motion to change has been received.
It's a stall tactic and this is what I don't understand. How can they just say... well there is no response so nothing can move forward.
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Old 12-08-2019, 07:24 PM
rockscan rockscan is offline
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It might be best to simply go to the courthouse and speak to a clerk in the trial coordinators office. You may need to just get a date for a new conference and if they try again to stall you can seek help from the judge.
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Old 12-08-2019, 09:28 PM
Stillbreathing Stillbreathing is online now
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I agree with Rockscan. As for FRO I found complaining to the Ontario Ombudsmens office extremely helpful. They dont like that!
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Old 12-11-2019, 01:05 PM
NathanM NathanM is offline
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Thank you both for the information, FRO is a nightmare to deal with and I'm going to look into the advise you have supplied
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first apperance, motion to change, no response


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