I will be filing a motion for custody and access as my ex isn't following our separation agreement. I have filled out

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Customer: I will be filing a motion for custody and access as my ex isn't following our separation agreement.I have filled out 14A notice of motion and 35.1 afadavit.Do I need a form 8 as well to start a case? I assume no as I'm just bringing forth a motion and trying to see a judge based on needing access to my child which I consider an emergency.Let me know if this sounds right.
Answered by Legal Ease in 28 mins 2 years ago
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Jessica

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Customer
I am in Ontario
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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.

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Legal Ease, Expert

I am sorry to hear of this difficult situation.

You are not going to be able to see a judge. If the court is convinced this is an emergency you will get a hearing on the phone with a judge.

Normally you need a Form 14 (notice of motion) and a 14 A (affidavit) for a motion but if there is no legal proceeding started you would need form 8 and Form 35.1.

But these are not normal times.

So you should first call to see if you can be heard over the phone and then confirm what forms will be required.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
there hasn't been a preceding started so however she used our separation agreement to get divorced by taking it in without me but isn't following the access part of itso would this be a new case then or a motion? if so I don't need the 14 and 14a then?
Customer
for this page in form 8 do I include copies of text messages (for example the ones of her denying me access) or is it to be a simple point form list of facts supporting my claim for access etc?
Customer
in other words do I state the facts in written form or do I provide proof via things like printed text messages as well?
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Legal Ease, Expert

You do not include them with that form.

But your affidavit will be evidence and so you can attach these text messages as exhibits to your affidavit.

Customer
thanks for the quick reply. how can I give another star rating for this?
Customer
or should I post a new question for you to answer and rate it again? I want to be fair
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Legal Ease, Expert

Yes I can only get paid once per post.

Thanks very much for thinking of that!

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