On May 14th I received an email for an Urgent Motion Order Request then I received an email saying it was recalled. On

Expert's Assistant chat
Customer: On May 14th I received an email for an Urgent Motion Order Request then I received an email saying it was recalled. On May 15th I received another Urgent Motion Order Request (email) followed by an email from my child's mother titles Service of Motion Materials. There is a telephone case conference scheduled. What am I supposed to do? What paperwork do I fill out? What must I submit? How do I submit it?
Answered by Legal Ease in 1 hour 3 years ago
imglogo
Legal Ease
10+ years of experience
logo

174690 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Legal Ease
logo
logo
174690 Satisfied customers
logo
10+ years of experience
imglogo
Legal Ease
10+ years of experience
logo

174690 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
Customer
This was my concern 2 days before I got served the emails.
img

Legal Ease, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

img

Legal Ease, Expert

Please let me see what you've been served with.

Thanks

Customer
would you like me to send you the documents?
img

Legal Ease, Expert

Yes please.

Customer
screenshot 1
Customer
2
Customer
followed by a recall email then this
Customer
then my ex emailed me the service of Motion Materials.
Customer
I roughly blanked out the names because I'm not sure what information I can and cannot share.
img

Legal Ease, Expert

So what you have to do is reply by way of an affidavit. So you too will use Form 14A.

If you want an order made you will also use Form 14 as cross motion.

You will also need to fill out Form 15 B because she is also bringing a motion to change.

And you need to do your own form 35.1

And you will need to do an updated financial statement if you are asking about a change about support.

These will need to be served and filed with proof of service.

It is so weird that she thought she could bring this motion without notice to you. She had no chance at succeeding.

Does that help?

Customer
It does. what can i get blank forms and who do I send these forms to? I already agreed to a case conference on the 25th of may.
Customer
i am not looking for any support, but I am hoping to have sole custody with her having as much access as my daughter wants.
Customer
by filing these forms am I responding or and I opening a new case? and what documents must be filled out prior to the telephone conference?
img

Legal Ease, Expert

If you don't want to bring your own motion in that are you not asking for anything aside from these motions to be dismissed you just reply then you don't need Form 14.

I suggest you do them all before the call. These are such unusual times so that's the safest or else call the court to ask.

Customer
Okay thank you very much for you help, again! I am very greatful to have some sound advice during these exceptionally difficult times.
Customer
Also, the Justice mentioned CER notice and conference briefs? Is the brief essentially an outline of the material and request?
img

Legal Ease, Expert

Here is what you should read:

https://familycourt.cleo.on.ca/en/applicant/prepare-your-case-conference

It tells you exactly what you need to know and do. I should have looked for something like this sooner for you. I am sorry about that.

But just keep in mind that things are a bit different because courts are not open so you should call to speak to the clerk to find out what to file and how and when.

Customer
Thank You very much!
Customer
Sorry, another question when you get the chance. When I am filling out Forms 14, 14A, 15B, and 35.1 am I now the Applicant? or am I still the Respondent since she initiated the motion?
img

Legal Ease, Expert

You are the respondent in the main motion and applicant in the responding motion.

So for your own motion you can say you are the applicant (respondent in main motion).

But call to check what your court prefers to see.

Customer
Thank You, ***** ***** a hold of the trial coordinator and asked. they informed me that I remain the Respondent throughout the proceedings.
img

Legal Ease, Expert

OK

Good!

Customer
Thank You, ***** ***** in the process of trying to fill out all the forms. I can speak on all the points but I am finding it a bit difficult to put it to paper in order. Also, if I am going for sole custody and it is joint at the moment which form do I have to fill out in addition to the ones I am attempting to fill out now?
img

Legal Ease, Expert

Well you are already doing that because you are asking not only to have the court not grant what the applicant is asking but you are also asking for your own orders.

Customer
Okay, that makes sense.
img

Legal Ease, Expert

Good

Customer
I am just in the process of trying to weed out my personal feelings and leave the facts. but I am struggling with prioritizing and organizing my thoughts in the affidavit(14a) and with the wording of the order(14) requesting final order (15b). seeing as I want to go for full custody I know that I will have to raley my concerns (including the fact that she neglected to mention that her partner has a violent criminal history including jail time.) and I think I have the 35.1 filled out okay. seemed the most straight forward one.
img

Legal Ease, Expert

You should provide a lot of detail but don't make it look like you are angry and ranting. The details provided clearly should help.

Customer
Okay, thank you
img

Legal Ease, Expert

You are very welcome.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer