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  • No response from Respondent after Application started

    Hi,

    It's been awhile since I posted. I'm currently divorced (finally..) but started an application for sole custody of my 3 children back in February. I also went to court for an emergency motion for my ex's access to be supervised, until therapy and a parenting program is completed, which was granted (and I got costs!).
    We went to a case conference and are now working on settlement conference materials.

    My lawyer pointed out that my ex never filed a response to my Application at all, never mind within the 30 days. We only have an affidavit for the emergency motion.

    What are the implications of lack of response from him? What are his choices? Mine?

  • #2
    The implications to him are not dire at this point. All he has to do is ask for an adjournment to file a response and it will be granted. If he continues not to respond then it all depends on whether or not he shows up in court. Once there he can ask for an adjournment and it will be granted. This lovely game of chicken can go on for a long time, months or longer. The judge will give him chance upon chance upon chance to file responding materials if he asks. They will bend over backwards for him.

    If he doesn’t show up in court it’s a whole different ball game. An order may be made not in his favour. If he then decides to show up he’ll probably get an adjournment to allow him time to respond and file materials.

    Judges really do want to hear both sides of the story and are far too lienient with those who stalll, delay or fail to respond in an appropriate time frame.

    Comment


    • #3
      So even though it's almost July and the Application was filed mid-Feb, he can still ask for an adjournment? Case conference was in March, nothing since then. Settlement conference is July 17.

      Comment


      • #4
        That’s the problem with family court. They are way too lienient. He would most likely be given an adjournment if he asks unless you have been to court and an order has already been made. I have been going to court now for the past seven years and not a single issue has been settled! By that I mean custody, access, child support, spousal support, equalization, section 7, and we aren’t even divorced yet! Seven years of delays, adjournments, my ex or his lawyer not showing up in court. Adjournment after adjournment. Bad behaviour rewarded at every turn. My ex has never ever been refused an adjournment. Never. Your situation of course is not the same but... family court is bs... Do not be surprised if your ex is granted an adjournment, even after a year or more of not responding. Judges are like roosters. They squak and flap their wings , threatening this and that but rarely make an order without first waiting patiently for the other party to lay an egg ,

        Comment


        • #5
          I have an order for supervised access until he completes therapy. That was the outcome of the emergency motion.

          Comment


          • #6
            In 2004 a criminal court judge ordered no access to the children or I for my ex. This was before I knew what was wrong with him.

            First time I filed an emergency motion with family court was in October of 2007. The judge was extremely concerned for the children’s safety as well as mine and wanted to order no access. I was still in love with my ex and convinced the judge it was safe for me to supervise the access. Turns out the judge’s instincts were right.
            Second criminal judge ordered no access to the children in 2012. We’d moved and the family court judges in the new jurisdiction were not as sharp as the family court judge in 2007. They ordered supervised access and are the ones that allowed my brain damaged ex to devastate the children and I with constant delays, adjournments, stalling, etc. This round has been 7 years of family court and counting, yet in total we’ve been involved in family and criminal court since 2004! That’s 14 years of court hell and counting. I think my case counts as a human rights violation.

            Comment

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