Two cases in different courts?

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privateone

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About a month ago, I served my X relating to all issues relating to our custody, support issues, her behavior etc. I filed in Family court as I felt the judges there were best qualified to understand the children's best interests, and understand the finances much better.

Today, I was served by my X in superior court for similar issues, but she is also seeking a divorce (I was going to file that later once I had more money), she was to break our joint custody, and have sole of our 1 and 9 year old....as I once 6 months ago, let the children watch "an inappropriate cartoon" :eek: She also wants a restraining order against me for, I'm thinking, breathing and still being alive :D

I have a court date set, her documents show she does not have a court date. My understanding is, whoever filed first is where it is heard...correct??

Anything I need to know that I may not?
 
My understanding is that your provincial court application is automatically stayed because an application has been brought in the superior court under federal law. You have 30 days from the day you were served to file your answer. Be sure to seek the custody and access arrangements that you would like to have in your answer. Once your answer has been filed and served, any party can call the court and get a case conference date.

Do you have any previous court order regarding custody and access?
 
They are actually both Ontario courts. Superior, and family are both part of the provincial system, and not the Federal supreme. Maybe I should have explained better. Or do I have something wrong?

As for custody and access, yes we have a filed agreement for both which has been in affect for a year.
 
You can't file for divorce in Ontario Court because divorce is under federal jurisdiction i.e. superior court. Normally, if you have a court order from Ontario Court, the Superior Court does not have automatic jurisdiction over the matter unless one of the parties files for divorce and seeks corollary relief under Divorce Act (which is what you ex is trying to do). From what I know, Superior Court can only assume jurisdiction if there has been a material change to circumstances. Again, its not automatic. The onus of jurisdiction and proof of material change is on claiming party.

Consult a lawyer because your best strategy would be to convince the superior court that there has been no material change in circumstances.
 
Its best to merge the files and have everything dealt with in the Superior Court because Divorce and Net equalization involving property are most likely an issue.
 
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