What is a motion without consent in family law and what happens at one?
Question & AnswerWhat is a motion without consent in family law and what happens at one?
3. Get your partner’s response
Your partner must you with a copy of their documents at least 4 days before the date of your .
They have to give you their Form 14A: Affidavit, where they tell the court why they agree or don’t agree with the orders you’re asking for and their evidence.
They may also give you:
- Form 14: Notice of Motion, where they list the orders they want the court to make if they want something other than to have your motion dismissed; or a Form 14B: Notice of Motion if they’re asking for a such as more time to their documents.
- Form 35.1: Affidavit in Support of a Claim for (decision-making responsibility, parenting time, contact), if you or your partner are asking for or and if they haven’t already filed this form with the court. Decision-making responsibility and parenting time used to be called and . They have to answer some personal questions about the family situation and tell the court about their suggested .
- Form 13: Financial Statement or Form 13.1: Financial Statement, if you or your partner are asking for , , or to divide property. They have to give information about their finances such as their income, living expenses, and and .
- Form 13A: Certificate of Financial Disclosure, where they list all the documents that prove what they said in their .
- Support Deduction Order, if you or your partner are asking for support.
- Support Deduction Order Information Form, if you or your partner are asking for support.
- A factum, which is a statement of the law they are relying on. A factum is sometimes required in the Superior Court of Justice.
- Updated table of contents, that lists the documents they are adding to the continuing record.
Your partner must serve you with a copy of their documents at least 4 days before the date of the motion.
You should read these documents carefully. Make sure you understand what your partner is asking for.
If your partner asks for new things that are not in your court forms, you don’t have to respond to them. If you don’t, it means you don’t agree with what your partner has said.
But, if you want to reply to their new claims with your facts and evidence, you fill out Form 14A: Affidavit. If you reply, you must serve and file your reply 3 days before your motion.