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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100428
Experience:  Lawyer
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We are in need of legal advice court process when a

Customer Question

We are in need of legal advice for the court process when a "Parenting Plan & Financial Documents Request" has been submitted and a Response has been filed, but the paper work is incomplete and there is a deadline to have it submitted. There are no court
orders. Our son -DAD- had all the required financial documents/proof of expenses/documents with him when he attended the first meeting with the caseflow coordinator -CC- (this person was helping both the MOM & DAD). He was given the Response documents to look
at, the CC said she would copy the documents when he came to file his Response. The second meeting, the Response was filled out but only the taxes were copied - Not the other required documents or the PAS Certificate. when our son -DAD- asked why she was not
including them in his Response as a complete package, the CC said he could take them to court. No other advice/information was given to him as what/how to do it. Is this the correct way to submit a Response? Shouldn't the papers be filed together as a complete
package to be given to the judge? Thank you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I don't see your province here. Can you please let me know your province?

Customer: replied 1 year ago.
Alberta, Canada
Expert:  Debra replied 1 year ago.

Unfortunately, you are correct. All of the documents that your son wishes the court to see must be provided to the other parent and then filed with proof of service at the court. It is not sufficient for him to bring any document to court at the hearing date.

Customer: replied 1 year ago.
Ok. Given the CC - Court Councillor - did not do her job, What does my son need to do to ensure his Completed paperwork is submitted?
Also, the MOM has received a copy of the incomplete paperwork.
Expert:  Debra replied 1 year ago.

Your son need to gather all documentation that he wants to be considered and if this is hearing using affidavits he needs to attach them as exhibits to his affidavit.

If this is a hearing where he is going to be testifying live he just serves the documents and then files them with the court.

If he is doing a brief they would be included in the brief.

Customer: replied 1 year ago.
We only know to be at the court house by 9am and that it is "open court".
What is an affidavit, and where would he get one?
When and where w
ould he serve the documents?
What is a brief?
The court person he was forwarded to is the SAME person who did not complete his response correctly.
He has spoke to Legal aid - he made too much money for help.
We have contacted "Find-a-Lawyer" The 30 minutes help was not enough time to discuss the matter - too much "legal" talk for us to understand the basic steps.
We have contacted All of the Lawyers in a 300km radius - we are still waiting for contact or have been turned down because of "conflict"
Expert:  Debra replied 1 year ago.

An Affidavit is a sworn statement and he has to write it or have a lawyer write it.

He would serve the documents on the mother or her lawyer if there is one.

A brief is a complicated legal document that puts together the pleadings, discusses the issues etc. It is not something that can be explained over this site.

Has he tried to get help here?

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