Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #1  
Old 02-10-2014, 01:45 PM
Fam Law Fam Law is offline
Member
 
Join Date: Dec 2011
Posts: 74
Fam Law is on a distinguished road
Default Motion without Notice

Need some advise from the experts out there. I have received a Motion without Notice from the Family Courts. The ex is indicating that I have not paid the guidelines for support for my 18 year old daughter. And section 7 costs.

I pay through FRO and according to them I am in compliance, which means that my ex has been bashing me as usual in court. This time I have not seen the Motion so I do not know what lies that have been told.

What recourse do I have to respond to a Motion that has been settled in court without any input from me?

Any advise is appreciated.
Reply With Quote
  #2  
Old 02-10-2014, 02:09 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,414
FB_ will become famous soon enough
Default

When and Where is/was the motion heard?
Reply With Quote
  #3  
Old 02-10-2014, 02:27 PM
Fam Law Fam Law is offline
Member
 
Join Date: Dec 2011
Posts: 74
Fam Law is on a distinguished road
Default

Have no idea. I just received the 'Endorsement' from the Judge in the mail today. It was dated Feb 5, 2014. It was heard in the Superior Court of Justice in London. I had no opportunity to respond. It was a Motion without notice. Hardly fair.

Do I have any recourse?
Reply With Quote
  #4  
Old 02-10-2014, 02:29 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,196
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Fam Law View Post
Need some advise from the experts out there. I have received a Motion without Notice from the Family Courts. The ex is indicating that I have not paid the guidelines for support for my 18 year old daughter. And section 7 costs.

I pay through FRO and according to them I am in compliance, which means that my ex has been bashing me as usual in court. This time I have not seen the Motion so I do not know what lies that have been told.

What recourse do I have to respond to a Motion that has been settled in court without any input from me?

Any advise is appreciated.
I doubt it is a motion without notice because it has to be an "urgent" matter and the Rules only allow for special conditions for it to be brought without notice. There are special circumstances where notice will be waved but, I am doubtful that a judge would hear a motion about the payment of CS "without notice".

As part of a motion without notice... The other party has to serve you the order within days of the order. Also, you can go to the court house and get a copy of the order too. Generally the service of a motion brought urgent and without notice is served by the court but, it doesn't have to be.

There are specific rules for urgent motions and even more for those brought ex-party:

http://www.ottawadivorce.com/forum/f...e-court-13291/

Good Luck!
Tayken
Reply With Quote
  #5  
Old 02-10-2014, 02:30 PM
limer limer is offline
Senior Member
 
Join Date: Apr 2009
Location: Southern Ontario
Posts: 256
limer is on a distinguished road
Send a message via MSN to limer
Default

Talk to the clerks. I believe that a motion without notice still requires that it be heard properly within a set period of time. The material and endorsement should be within the continuing record.

Dependant upon what the endorsement reads, I'd also be in contact with the FRO as a copy of the endorsement may be being forwarded to them with a statement of arrears.
Reply With Quote
  #6  
Old 02-10-2014, 02:34 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,196
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Fam Law View Post
Have no idea. I just received the 'Endorsement' from the Judge in the mail today. It was dated Feb 5, 2014. It was heard in the Superior Court of Justice in London. I had no opportunity to respond. It was a Motion without notice. Hardly fair.

Do I have any recourse?
All motions ordered urgent and ex-party usually have a 4 day return date requirement for the party.

For example, they are heard on Tuesdays in Toronto and will return on Thursday of the same week so the other party can be present.

They are for possible child abductions and other situations where a child is in danger. Not for the non-payment of CS.

I would caution you to properly advise this forum with your situation as it is highly unlikely that the matter was brought "urgent" and "without notice" (ex-party) for CS arrears. This is not an "urgent" situation generally.

I suspect you were either (a) served a notice and failed to appear or (b) the other party claimed that they served you and didn't. But, they have to produce a Notice of Service Affidavit and many people don't pull this stunt.

I recommend you go to the court house and get a copy of the records including the affidavit materials, Applicant and other materials filed.

And... HIRE A LAWYER. Motions where one party is absent (either due to non-appearance or ugent/ex-parte) are things that you really will need a lawyer to assist you with.

Good Luck!
Tayken

Good Luck!
Tayken
Reply With Quote
  #7  
Old 02-10-2014, 02:35 PM
Fam Law Fam Law is offline
Member
 
Join Date: Dec 2011
Posts: 74
Fam Law is on a distinguished road
Default

In the Endorsement that I received from the court it indicates that 'the Respondent has brought a motion without notice for 'clarification' on the basis that the Applicant (me) is not paying the amount of child support required under the Guidelines'.

It even states that FRO is refusing to enforce any amount that differs from the order. I am paying the guideline amount and S7. So I have no idea how the court event was allowed to take place without my knowledge. I have paid CS for my 18 year old daughter through FRO and tuition, etc.

The ex is extremely vindictive and will say anything in court documents to malign my character. The judge has obviously bought in to the lies.

So you are saying that I can go to the court and ask for the motion documents that were submitted?
Reply With Quote
  #8  
Old 02-10-2014, 02:36 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,196
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by limer View Post
Talk to the clerks. I believe that a motion without notice still requires that it be heard properly within a set period of time. The material and endorsement should be within the continuing record.

Dependant upon what the endorsement reads, I'd also be in contact with the FRO as a copy of the endorsement may be being forwarded to them with a statement of arrears.
You are correct limer. A motion brought ex-party will have a return date generally and fast. In Toronto it is Tuesday hearing -> Thursday hearings generally. The maximum time is 14 days for the return.

It is all set out in the FLR Rule 14:

Quote:
MOTION WITHOUT NOTICE

(12) A motion may be made without notice if,

(a) the nature or circumstances of the motion make notice unnecessary or not reasonably possible;

(b) there is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;

(c) there is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences; or

(d) service of a notice of motion would probably have serious consequences. O. Reg. 114/99, r. 14 (12).

FILING FOR MOTION WITHOUT NOTICE

(13) The documents for use on a motion without notice shall be filed on or before the motion date, unless the court orders otherwise. O. Reg. 114/99, r. 14 (13).

ORDER MADE ON MOTION WITHOUT NOTICE

(14) An order made on motion without notice (Form 14D) shall require the matter to come back to the court and, if possible, to the same judge, within 14 days or on a date chosen by the court. O. Reg. 114/99, r. 14 (14).

SERVICE OF ORDER MADE WITHOUT NOTICE


(15) An order made on motion without notice shall be served immediately on all parties affected, together with all documents used on the motion, unless the court orders otherwise. O. Reg. 114/99, r. 14 (15).
This situation from the OP doesn't add up to what is required under the Rules to be a "without notice" motion.

Good Luck!
Tayken

Last edited by Tayken; 02-10-2014 at 02:41 PM.
Reply With Quote
  #9  
Old 02-10-2014, 02:38 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,414
FB_ will become famous soon enough
Default

Have you been negatively affected by the outcome of this motion?

If so, how?
Reply With Quote
  #10  
Old 02-10-2014, 02:43 PM
Fam Law Fam Law is offline
Member
 
Join Date: Dec 2011
Posts: 74
Fam Law is on a distinguished road
Default

Thank you. I will get in touch with the clerks asap. FRO has been contacted and they are agreeing with me that I am in compliance of the order.

When I get a copy of this Motion without Notice I will speak to the clerk about submitting a response right away. Is there a special form for that?

Thanks again to all...
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Ex is Military stillstrong Financial Issues 22 06-03-2011 06:31 PM
Notice of Motion - Exhibits Linear Divorce & Family Law 4 02-02-2011 09:01 PM
Notice to Disclose/Notice of Motion peaches4 Financial Issues 6 05-21-2010 05:41 PM
Notice of Motion - Help! Dad33 Divorce & Family Law 2 05-15-2010 09:59 AM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 11:32 PM.