What is the point of filing an eme ded initiating application

[Bill1979]

Hi there,
The applicant in the case has filed an amended initiating application in a case with varied orders that have requested to lessen the amount of time to be spent with the children without reason and also added conditions. There is a court date set for this application and it is listed as 1 week from the date they filed it which seems not much notice at all. My question is I was about to file an application to request increased time with the children and added my own conditions, so what happens to their application? Does the judge just normally grant what they ask if you don't respond? Or will the judge ask if I agree to their conditions and then make their own decision? And do I need to file my own application in the case in order to seek what I want the other party to do, or can I just add it to my response to their application.

 

[Bill1979]

Also if the father in law assaulted me in front of the children and I have an AVDO in place, and the mother and children live in his residence, can I make an application for the children not to reside at the same address as their is a risk of harm, and for the ex to obtain her own residence for the children, or else they transfer to their fathers care?

 

[AllForHer]

There are many reasons a party might file an amended initiating application - it might improve their prospects for success, for example, or it might accommodate new work arrangements that don’t coincide with the orders they were seeking previously.

Whether you respond or not is immaterial. If you don’t respond, the matter proceeds on the basis that they’re seeking orders as they’ve provided in their amended initiating application, and you’re seeking orders as you’ve provided in your response to the initiating application.

As to the kids’ grandfather, you can seek an order that the children not reside with him, but it probably won’t succeed. Showing that he poses a risk of harm to you doesn’t prove that he poses a risk of harm to the children.