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Main Forums => Custody Issues => Topic started by: Canadianparent on Dec 11, 2005, 06:39:04 PM

Title: ASAP Response to Notice of Motion ....
Post by: Canadianparent on Dec 11, 2005, 06:39:04 PM
This case is in Canada. I have received a Notice of Motion and Affidavit in regards to custody/guardianship, release of third party reports, restraining to move out of the part of the city and access filed in Supreme Court.
I legally separated in 2001, reconciled short time after and finally separated in 2003 (financed by Legal Aid as I had no income or support at all). I have sole interim custody and sole interim guardianship and receive spousal and child maintenance.  NCP has reasonable and generous access.
I am low income (spousal/child support) but do not qualify for Legal Aid (has been denied on Friday) due to their cut backs in services. I found a self-help kit provided online at //www.familylaw.lss.bc.ca but have a hard time to understand anything. English is my second language and I rather communicate like a tourist (well maybe a little better). Problem: due date is 8 days within receiving the Notice of Motion, that means I have to respond and file by Wednesday this week. Is there a way to extend this time due to hardship (not having an advocate and no interpreter).   How do I write these papers not exactly understanding what they want?  Do I have to write anything to the Defandents lawyer? Do I bring these to the Supreme Court and swear there? I have no idea about the Canadian court proceedings or english law talk.
I feel totally lost. What do I need to do? Can anyone help?  Any ideas welcome.  Thanks!

 
Title: RE: ASAP Response to Notice of Motion ....
Post by: marnbuk on Dec 20, 2005, 10:33:43 PM
Call the court you are to appear in and ask how to get an extension due to time from receipt of papers to court date. I am not familiar with canadian law. Explain to the courts that English is not your first language and you need things translated. I am not sure why this would be heard by the supreme court unless there was some kind of dispute. I am assuming by what you posted that there is a motion for change of custody and geographical restrictions but what is the third party reports release? Try looking on line for some advocacy groups to help you.