Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #11  
Old 12-28-2019, 10:02 AM
EspoirN EspoirN is offline
Member
 
Join Date: Aug 2019
Posts: 40
EspoirN is on a distinguished road
Default

It is just heartbreaking that on the one hand the courts put the best interests of the child first, yet they let divorces drag on for 10 years. Does anyone consider what impact that has on the child? On the parents, especially the parent who really does have the best interests of the child at heart?

I have one other question regarding an urgent motion. I was under the impression that for an urgent motion there is no time stipulated when the Respondent is to be served, that all I have to do is show proof that he was served, so I would file the documents on the morning of, and sign up for the urgent motion on that same day. However, now, on the website stepstojustice.ca, I read that even for an urgent motion, the applicant has to serve on the respondent the documents 6 days prior to the motion being heard... Is that so? So that would mean that if I serve my motion documents on the Respondent today, I can only go to court to have my motion heard 6 business days from today? I
Reply With Quote
  #12  
Old 12-28-2019, 11:49 AM
Stillbreathing Stillbreathing is offline
Senior Member
 
Join Date: Dec 2014
Posts: 502
Stillbreathing will become famous soon enough
Default

That sounds right. I had gone to court and made an emergency motion without notice to my ex. The judge heard my motion that day, gave me temporary full custody and my ex no contact with the children until the following week when he had been served and we both appeared before the judge. This second appearance was an urgent motion as opposed to an emergency motion. After hearing more detailed evidence at the urgent motion the judge still wanted my ex to have no contact with the children.
An emergency motion is when there is imminent danger and can be heard immediately without notifying the other party. An urgent motion is urgent but not an emergency, therefore the other party needs to be notified and has a small amount of time to respond.
Reply With Quote
  #13  
Old 12-28-2019, 12:06 PM
EspoirN EspoirN is offline
Member
 
Join Date: Aug 2019
Posts: 40
EspoirN is on a distinguished road
Default

Ok, thank you so much, this helps. The concept of these emergency vs urgent motions is a bit confusing. So I should serve the Respondent the complete paperwork for my urgent motion, go to the courthouse with what I served, and go to an emergency motion that same day only to book a date for an urgent motion for six days later (whatever is the next available date for urgent motion), the judge might then book the urgent motion for 6 days later, giving the Respondent the six days to reply. Or, the judge might reject my urgent motion (at the emergency motion sitting), in which case I should still be able to get a date for a regular motion. Does this sound correct?
Reply With Quote
  #14  
Old 12-28-2019, 08:47 PM
Stillbreathing Stillbreathing is offline
Senior Member
 
Join Date: Dec 2014
Posts: 502
Stillbreathing will become famous soon enough
Default

If you apply for an emergency motion and it is not a matter of life or death for your children you will have a strip torn off you by a judge. Do not apply for an emergency motion unless it is actually an emergency! In my case it was an emergency, therefor the judge agreed to hear my pleadings without my ex having the Benefit of responding. The judge made an immediate order right then and there to ensure the immediate safety of the children. The reason the judge ordered me to come back the following week and to serve my ex was in the name of fairness and to get both sides of the story. This is because sometimes a parent will lie and make up stuff in order to get sole custody and deny their ex visitation rights. Had he not ordered me back in a week’s time and my ex to be served, that would have been a gross miscarriage of justice. The judge did not know my ex or myself from a hole in the ground. He made a decision and an order to protect our children based 100% on my affidavit material. It was reasonable to expect my ex to be notified and given the opportunity to respond the following week.

Unless your children are in immediate danger I would advise against an emergency motion and just file an urgent motion instead.
Reply With Quote
  #15  
Old 12-28-2019, 11:55 PM
EspoirN EspoirN is offline
Member
 
Join Date: Aug 2019
Posts: 40
EspoirN is on a distinguished road
Default

This is what I don’t understand, how does one apply for an urgent motion then? Emergency motion is experte from what I understand (please correct me if I’m wrong here), but urgent motion is one where I do serve the Respondent. So then, how do I get an urgent date for the urgent motion and when should I serve documents on the Respondent ? I would appreciate if you could explain what are the steps in the process. Thank you.
Reply With Quote
  #16  
Old 12-29-2019, 01:40 AM
Stillbreathing Stillbreathing is offline
Senior Member
 
Join Date: Dec 2014
Posts: 502
Stillbreathing will become famous soon enough
Default

What I did when I was self rep and needed an urgent motion for a financial matter, is I went to the court, spoke to the ladies at the trial co-ordinators office and they gave me a court date. Then I served my ex and his lawyer.
Reply With Quote
  #17  
Old 12-29-2019, 08:38 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,085
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

To clarify there are two types of motions:

1. Urgent with notice.
https://familycourt.cleo.on.ca/en/ap...-motion-notice
2. Urgent without notice (ex-parte).
https://familycourt.cleo.on.ca/en/ap...without-notice
Often people refer to #2 the Urgent motion ex-party as an "emergency motion".

Basically what you are seeking is #1. But, you will have a hard time as it appears you have waited 14 months to act on your file which as brought on this urgent motion. You are responsible to move your matter forward. Even as a self-rep. As a self-rep, you are expected to know the law and process as well as a lawyer. This is why 99% of people should not self rep.
Reply With Quote
  #18  
Old 12-29-2019, 09:26 AM
EspoirN EspoirN is offline
Member
 
Join Date: Aug 2019
Posts: 40
EspoirN is on a distinguished road
Default

Thank you for the links and the explanation. I waited 14 months for good valid reasons, waiting for his disclosure and building my own evidence.

So when I called the court and asked for the date, I was told they only give dates for regular motions. For an urgent motion I have to come in the morning on Tuesday or Thursday when they hear procedural motions and then get permission to get an expedited date, this is in Ottawa. does this sound correct? And for procedural motions when does the respondent need to be served? - Also 6 days before the motion? This is where I’m lost in this process and would appreciate some insight.
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 Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Confused about Motions - Can ex respond to motion with a motion? opticnerve Divorce & Family Law 2 08-18-2019 03:21 PM
starting a motion - receiving the answer - then what? BitHunter Divorce & Family Law 7 12-02-2010 10:39 AM
Urgent Motion for Christmas Access dad93 Divorce & Family Law 3 11-01-2010 10:10 AM
Motion papers - urgent Mr. ReadyNow Divorce & Family Law 2 12-08-2006 09:18 AM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 08:08 PM.