Quick question on affidavits
- Thread starter Leviathan
- Start date
NBDad
New member
Call the court clerk and they can usually tell you. Does the order indicate it's requesting an abridgement of service?
What's the "emergency motion" for? What is the court date? Judges don't look kindly on motions filed for frivolous/non emergency reasons. Basically the only time you can pull an emergency motion is when the health/welfare/safety of a child is in danger.
Not sure if this is relevant or not..but How do you get a Court Order for Emergency Child Custody in Ontario Family Court? | John P. Schuman C.S., Child and Family Law | John P. Schuman points 13, 14 and 15.
So I'd say within 3 days BEFORE the court date.
What's the "emergency motion" for? What is the court date? Judges don't look kindly on motions filed for frivolous/non emergency reasons. Basically the only time you can pull an emergency motion is when the health/welfare/safety of a child is in danger.
Not sure if this is relevant or not..but How do you get a Court Order for Emergency Child Custody in Ontario Family Court? | John P. Schuman C.S., Child and Family Law | John P. Schuman points 13, 14 and 15.
So I'd say within 3 days BEFORE the court date.
Leviathan
New member
Thanks for the reply NBdad
Apparently I'm not paying enough temporary interim support..the stbx and her lawyer are trying to go after full CS (based of guidelines) for HER daughter (in loco for me)
It's a HUGE CLUSTER F!!
Either way, the stbx's, lawyer called my lawyer and wanted to adjourn until nov!!
This should be interesting!!
OrleansLawyer
Active member
Respond as soon as possible.
As the respondent, you need to serve and file your material four days before a motion; or by 2:00 p.m., two business days before, with consent to late filing.
If you cannot do the above, serve it on the other party as soon as possible and file the material over the bench. If you have been short served for the motion this may may be appropriate, depending on the timing.
Tayken
Well-known member
I agree. As the motion was brought as an "emergency" it is highly likely, even if the other party refuses service (which will make them look stupid before a justice in my opinion) to be served on the parties and the justice at the hearing. This is what OrleansLawyer as "over the bench". Which is basically handing the affidavit to the Judge literally "over the bench" right to them.
Although, I wouldn't recommend doing this if you are providing copies of photographs of your life's passion and work "over the bench" in any proceeding. Justices don't take kindly to nonsense.
I have seen a number of justices hearing an "emergency" motion adjourn a matter to the afternoon so they and the other side can review the responding affidavit that was served "over the bench". This is quite common especially if the matter is involving custody and access of children.
Good Luck!
Tayken