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  • Form 20

    Hi there,

    Newbie here

    Just a summary: I have filed a motion to change because ex has been self employed and has not given any financial disclosure despite numerous requests. he owes C.S arreras and is not adjusting ongoing C.S. He has hired a lawyer and our first court date is next week. He was given 30 days to respond and today I hear from a lawyer that he is my ex lawyer and he needs a one week extension to respond.

    Like really???? My ex has been doing this for the last one year where we started negotiating and I would give him a deadline and last minute he would make an excuse and push the deadline for later. He did this for one year and finally when we did get to a final agreement , which was basically me giving in to most of his stuff...he just stopped responding.

    He basically bought more than a year only to stop me from going to court. so here I am and yet again few days before court he has a lawyer , now asking for another week. ex is out of country and has retained this lawyer.

    I know its just a week but this has been the tactics that my ex is using to further delay this matter. I don't want to do that. How can I kindly respond to him and say no thanks, your client has had enough time to prepare and respond and so I am not in agreement to this without looking bad?

    Also, I wanted to send him a form 20 with all the info that I have been asking for over a year. Will I have to serve by process server to the lawyer or it can be sent via courier or email to the lawyer?

    thanks

  • #2
    LawHelp

    Unfortunately get ready for much more frustrating delay. Motion to Change if you do not settle will take over a year to get through the courts and be seated into the trial schedule.

    Agree to extension of 1 week. If you do not agree the lawyer will just go in on the first appearance and ask for extension for time to prepare as was just retained anyways and then schedule the first appearance 2 months down the road.
    Depending where you are located the first appearance is nothing more then making sure both party's have their paperwork done properly and a complete waste of time. In my case we agreed to waive the first appearance under Rule 39 and set the case conference date instead.
    Good Luck!

    Comment


    • #3
      Form 20

      Alright... I am in ontario, Toronto,..
      So what I have to do is to get a few dates for case conference and then write to the lawyer that I am agreeable to the extension and to consent to waive the first appearance under the rule 39, and provide him a few dates. Correct?

      Comment


      • #4
        Well not necessarily. If you are self rep'd and initiated the MTC I really advise you read, read and read some more. Get down to the family law office and they will help you. Rule 39 is something you have to see if you are in an municipality that it has jurisdiction over.

        Rule 39
        39. (1) This rule applies only to cases in the Family Court of the Superior Court of
        Justice, which has jurisdiction in the municipalities listed in
        subrule 1 (3). O. Reg. 114/99, r. 39 (1).

        The case management process is dictated by rules for example (this is not the complete rule set):
        FAST TRACK — FIRST COURT DATE

        (5) In a fast track case the clerk shall, on or before the first court date,
        (a) confirm that all necessary documents have been served and filed;
        (b) refer the parties to sources of information about the court process, alternatives to court (including mediation), the effects of separation and divorce on children and community resources that may help the parties and their children;
        (c) if an answer has been filed in response to an application, or if a response to motion to change (Form 15B) or a notice of financial interest has been filed in a motion to change a final order or agreement under rule 15, confirm that the case is ready for a hearing, case conference or settlement conference and schedule it accordingly;

        So first baby step - agree to the extension of the lawyer serving and filing the 15B. Get that done and then next baby step off the clerk (usually fax) requesting a date for hopefully case conference. If all paperwork is not there more delay. Talk to responding lawyer first and find out 2-4 dates for conference or hearing that are agreeable to his schedule. All depends on your specific situation that you have to apply the rules to.

        This will not be fast and imputing income to a self employed person is detailed and will be long. Be patient and consider it a hobby because you will need to read in every spare moment you have to familiarize yourself to a reasonable level to self rep successfully. Stay focused and organized and although difficult non emotional. Don't take the ex's lawyers direction on anything even though tempted because he "knows what he is doing"

        Good Luck

        Comment


        • #5
          Ahhh thanks for the info. I am at the court office and I have been told that until the other party files the response to my motion to change we cannot even schedule a case conference. She said that it's a motion to change so it won't be a regular case conference, it will be in front of a DRO (dispute resolution officer) . She says those dates are some where in June second week. Suggested attend the first appearance, he will get the one week extension and right there ask to consent to a case conference and I might get an earlier date, OR another first appearance will be scheduled and we will have to attend that and then get a case conference date.
          I'm now trying to make the right decision that in my best interest.
          Maybe attend the first appearance and ask his lawyer to get me the papers after one week and in exchange consent to a case conference?
          Or send an email agreeing to the extension and asking for consent to move with case conference.

          What is your suggestion?

          Comment


          • #6
            She is correct - if no 15B you can't schedule case conference. If you agree to the extension he will file a 14B procedural request to be allowed. That is your fastest route. I would still hold your first appearance date just in case he still doesn't do it. (great delay tactic)
            They will not give you a case conference date until the paperwork is in. You will have to wait it out.

            Comment


            • #7
              See that's where the problem is. My first appearance is on Tuesday. He did this last minute ( as usual... Thats how my ex delayed it over a year making me think we are settling out of court and now hired a lawyer last minite).
              The one week extension goes after the first appearance.

              Comment


              • #8
                You have no choice - go to the appearance on Tuesday. Present yourself as reasonable and agree immediately to the 1 week extension and set the case conference with DRO at the appearance first date available in June.

                Heads up - he may not only serve and file the 15B he may also serve and file his own MTC (cross motion) in which you will have to respond to. If that happens get your response in fast so the DRO case conference can go forward on the regular date scheduled.

                Comment


                • #9
                  Gotcha! Thanks for all the help. Will let u know how it goes

                  Comment


                  • #10
                    While I was at court I signed up to see the duty counsel. So it is exactly what you have said

                    He said respond to email that you agree for the extension contingent upon that we attend the first appearance and get a case conference date.

                    wish me luck

                    Comment

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