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Newbie question.... a little background first.
Child is now 13.
Father never in her life , he hid his whereabouts from me for years so I could never initiate court action.
In 2016 he reaches out to me that he wants to be part of her life - they spent approx 2 months getting to know each other. Visits outing etc.... when I brought up support he agreed but had some ridiculous stipulations that went along with it so I retained a lawyer.
Spent 2017 trying to serve him the application he would continually evade the servers. Got an order for sub service and completed that.
Was noted in default January 2018.
May 2018- I filed an Uncontested Trail and gave oral testimony in June 2018 where I was granted a final order for child support, 3 yrs retro, custody and access at child’s discretion.
Ex received the support deduction order from FRO and has filed a motion to set aside 10 days later.
In his motion he says he didn’t receive the Application and he is also asking for a DNA test.... no question he is just trying to draw this out. He provides no reason for the default only that he didn’t get it.
My reply affidavit contains text messages telling him I had retained counsel, text message telling him about the uncontested trial. Text messages where he and I are talking about our daughter and him helping out and going to court , also a photo of the 2 of them.
My side is that he intentionally stonewalled this and I feel my evidence backs up those claims.
However I met with duty counsel (no longer have a lawyer) and he said that my ex will likely be successful.
My questions are;
1. Has anyone ever dealt with a situation like this and what was the outcome?
2. In the 14c confirmation it is asking me to list the orders I want, which to be fair I asked for the following; Order to be set aside for 30 days while he filed his answer and form 13. Case conference in 30 days or soonest after that, DNA test to satisfy his on again off again question at his expense within 15 days AND if he defaults at the 30 days the final order is reinstated.
3. The 14c is asking for a draft order - but this is his motion do I still type one up containing the above?
Thoughts please????
Child is now 13.
Father never in her life , he hid his whereabouts from me for years so I could never initiate court action.
In 2016 he reaches out to me that he wants to be part of her life - they spent approx 2 months getting to know each other. Visits outing etc.... when I brought up support he agreed but had some ridiculous stipulations that went along with it so I retained a lawyer.
Spent 2017 trying to serve him the application he would continually evade the servers. Got an order for sub service and completed that.
Was noted in default January 2018.
May 2018- I filed an Uncontested Trail and gave oral testimony in June 2018 where I was granted a final order for child support, 3 yrs retro, custody and access at child’s discretion.
Ex received the support deduction order from FRO and has filed a motion to set aside 10 days later.
In his motion he says he didn’t receive the Application and he is also asking for a DNA test.... no question he is just trying to draw this out. He provides no reason for the default only that he didn’t get it.
My reply affidavit contains text messages telling him I had retained counsel, text message telling him about the uncontested trial. Text messages where he and I are talking about our daughter and him helping out and going to court , also a photo of the 2 of them.
My side is that he intentionally stonewalled this and I feel my evidence backs up those claims.
However I met with duty counsel (no longer have a lawyer) and he said that my ex will likely be successful.
My questions are;
1. Has anyone ever dealt with a situation like this and what was the outcome?
2. In the 14c confirmation it is asking me to list the orders I want, which to be fair I asked for the following; Order to be set aside for 30 days while he filed his answer and form 13. Case conference in 30 days or soonest after that, DNA test to satisfy his on again off again question at his expense within 15 days AND if he defaults at the 30 days the final order is reinstated.
3. The 14c is asking for a draft order - but this is his motion do I still type one up containing the above?
Thoughts please????
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