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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Can a lawyer ask to and question a defendant who served

Customer Question

Can a lawyer ask to and question a defendant who served papers to his ex wife.
Defendant is not using a lawyer
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am not sure what you mean.

Please explain the basic facts.

Customer: replied 1 year ago.
Mom dad have separation agreement for him to have kids every other weekend.
He is taking her back to court filed and got a court date.
She retained a lawyer. This lawyer has sent a letter stating he wants dad to agree to postpone court so lawyer can question dad on the affidavit
Dad is representing himselfIs this lawyer of the mom able to request an adjournment through the dad so that he can have time to question dad? See below
Customer: replied 1 year ago.
The court date is set by dad to get a date for a jdr to discuss the children
Expert:  Debra replied 1 year ago.

Yes the lawyer can ask this. It is standard. Anytime someone puts in an Affidavit that person can be cross-examined under oath.

And it would not make sense not to agree to the adjournment as the court will absolutely agree to the adjournment and the father will have to pay the mother's costs for bringing the motion for the adjournment.

Customer: replied 1 year ago.
Ok that's good.
Will the father have to pay for her lawyer costs for filing in the first place? She isn't producing her T4 or following guidelines set out in the first child care agreement.
Expert:  Debra replied 1 year ago.

Anytime someone loses in court they may have to pay part of the winners legal costs.

In this case it sounds like the father will win if what he is trying to do is get her to adhere to the agreement.

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