Hey all...

Trying to get a bit of info from someone in Ontario who may know this... I am trying to have my ex served with a motion to change custody and the hearing is sched. for friday the 25th of nov... If in the event that they cannot serve her 4 days before the hearing, wondering what my options are...

I've been reading that in the case that someone cannot be served or who may be avoiding service, I can make a motion to have the hearing changed to a motion without notice... Would this be a separate motion that I would have to file apart from the original motion already scheduled, or could I some how have it attached to the one already filed with the court...

also in the event that I don't take this route, will my hearing be pushed back until such time as I can serve her?

Really frustrated, I am, as I am doing all this myself. Thoughts?

Trying to get a bit of info from someone in Ontario who may know this... I am trying to have my ex served with a motion to change custody and the hearing is sched. for friday the 25th of nov... If in the event that they cannot serve her 4 days before the hearing, wondering what my options are...

I've been reading that in the case that someone cannot be served or who may be avoiding service, I can make a motion to have the hearing changed to a motion without notice... Would this be a separate motion that I would have to file apart from the original motion already scheduled, or could I some how have it attached to the one already filed with the court...

also in the event that I don't take this route, will my hearing be pushed back until such time as I can serve her?

Really frustrated, I am, as I am doing all this myself. Thoughts?
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Because of the out of province issue, and circumstances with your daughter in care, there may be away to skip forward.

I don't know for certain.
I am trying to remember back a few years, and my situation was very difficult.
My lawyer warned me that if my ex husband successfully tried to duck the server, there was a waiting period before I could another motion for hearing.

Have you been talking to children's services there? I really don't know what is best, but the goal is/should be in the child's best interest so perhaps if you talk to a case supervisor and ask for help and advice to help your daughter they may be able to suggest the best steps to follow.
If you connect with a person and talk to them as a Dad who needs help for his child they may feel a connection and step a bit outside the normal protocol and give you a pointer or two.

Please keep us posted.

I'm confused. Are you trying to serve her with an Ontario notice of motion in B.C.? And doesn't she have to be served at least thirty days prior to the hearing date? And doesn't the person who serves her not have to swear to the service?

Ugh My day...

so I call the process servers, and I say, can I get the affidavit of attempted service back by this evening, and the say, uhm no, coz we aren't supposed to meet the notary until wednesday... so I say well what was the point of me paying for a rush service if you weren't gonna have the documents i needed back to me in time for them to be any good to me on Friday??

GRAW!!! <-- expression of anger and frustration

so HOPEFULLY, the judge type guy will allow me to proceed with this hearing on Friday with this un-notarized document I got from those people saying they are working on getting it to me... this is a real tightrope I am walking now... now lawyer, and incomplete document submission... but what can I do? this is all time sensitive and I have to try and get this heard before my kid is released back to her mother from foster care...it will be a lot harder after that...

meh...

quote:

Originally posted by jaydsdad:
[qb] I'm confused. Are you trying to serve her with an Ontario notice of motion in B.C.? And doesn't she have to be served at least thirty days prior to the hearing date? And doesn't the person who serves her not have to swear to the service? [/qb]

Yes i am, but the original order was in ontario. I was told i could try this, although it may not fly... certainly easier than trying to deal with a BC court from ontario... and no she only has to be served four days before the hearing. as for the last question, see the above reply...

Can't say much that can help except you have nothing to lose by trying so go for it. I'll be watching this thread as you move through this. Best of luck to you. I do wish you success.