Multiple court motions?

[CycleDad]

I heard somewhere that you are only allowed to start proceedings once every 6 months. Is there any truth to that?

The reason that I am asking is because I have to make multiple motions, with some more urgent than others. The ones that are not urgent is delaying me entering in the motion as I am working on entering them in all at once because of the six month thing.

Is there truth the once every 6 months or is it just for Applications not short motions?

thanks,
CD

[MommaMouse]

Not sure why you are looking at going to court more than ones, but yes you can file a motion 6 months after your last, being on the recieving end of that I have to tell you is shitty and the person you are serving will can file to have you deemed a vexing litigant, which means on your next motion you may have to seek the courts permission to take your ex to court again.
My advice get your shit together and do it all in one. But then I am biased as my ex has taken me to court four times and I have not had more than 6 months out of court in the past 4 years, but I will tell you one thing, because he has taken me to court has made me more bitter towards him and less likley to settle.

[Tayken]

I heard somewhere that you are only allowed to start proceedings once every 6 months. Is there any truth to that?

The reason that I am asking is because I have to make multiple motions, with some more urgent than others. The ones that are not urgent is delaying me entering in the motion as I am working on entering them in all at once because of the six month thing.

Is there truth the once every 6 months or is it just for Applications not short motions?

thanks,
CD

With that many motions they are just going to push the matter to trial. If they are technical (disclosure) motions you can do them in partitions like that but, they will probably combine them into a single motion to be heard at a long motion hearing. Your better bet is to progress things to a conference and get the technical orders out of that and any substantive stuff that needs to be addressed on motion be ordered out of the conference.

Good Luck!
Tayken

[Tayken]

Not sure why you are looking at going to court more than ones, but yes you can file a motion 6 months after your last, being on the recieving end of that I have to tell you is shitty and the person you are serving will can file to have you deemed a vexing litigant, which means on your next motion you may have to seek the courts permission to take your ex to court again.
My advice get your shit together and do it all in one. But then I am biased as my ex has taken me to court four times and I have not had more than 6 months out of court in the past 4 years, but I will tell you one thing, because he has taken me to court has made me more bitter towards him and less likley to settle.

MommaMouse makes an excellent point. Going to court to solve problems doesn't really "resolve them" and can cause a party to resist more. High-conflict negative advocate solicitors and their high-conflict clients take note of that comment. It is better to have a good defense some times against a high-conflict litigant than a great offense.

It is a shame you have not had 6 months in the past 4 years without a court appearance.

Good Luck!
Tayken

[CycleDad]

Hi MommaMouse,
Thank you for your advice. Sounds like 6 months is the rule. I think our situations are different though. I'm doing what is needed and not just to rattle her chain. I always give myself reality checks to keep me on course to help the kids and not just to get at the STBX. Getting all the motions all ready will take more time than just getting the urgent motions ready. The reason I have more than one motion is that there have been some big changes in circumstances.

I know what you mean about being bitter. I hope things settle down in time.

CD

[billiechic]

I am guessing that you have clarified that these motions need to be filed seperately. Can I ask what they involve? I am currently responding to a motion to change CS, but I was able to ask for my own changes to access and quite a few changes to the final order so as to close the gaps that my ex was using to create conflict.

They did however cross out my request for equalization. They said it was because it was not originally part of the first application (filed 2 years ago) and so I would need to enter it as a new application later.

[CycleDad]

HI Billi,
Seems that they need to be filed all at once, not one at a time.

What do they involve? Getting free legal advice, Filling out the court forms, finding and adding the supporting documentation as exhibits, making scedules for the court forms because what you have to write never fits in the space the form provides, make affidavits and get it sworn, get a court date, serve the other side. File the paper with the courthouse. For me it's like a 3 or 4 week process.

Getting free legal advice, filling out the forms properly and getting the supporting evidence together takes the most time.