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Old 08-16-2017, 06:31 PM
OrleansLawyer OrleansLawyer is offline
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My concern now is that i dont feel like i could win in a trial at this point as i have had much against me.
You are on your heels. Your ex will try to push for a trial to win and get what she wants; you will try to delay.

Can certain aspects be put on hold till my daughter is a bit older? ie. custody and access
Delay can be strategic.

will i be expected to follow through with a final order?
If you settle it will be with a final Order, otherwise the trial Judge will make a final Order.

Can i revisit custody when daughter is 5 without prejudice?
That is a very long delay. It depends on the delay in your local courthouse, however if your ex is pushing for trial I would not count on being able to delay three years.

If there is a final order then a future change would need to be based on a material change in circumstances.

Will the OCL report be outdated after a certain period of time?
An expert report effectively consists of findings/opinion generated from the facts at the time of the report. Time weakens the report because the facts at trial becoming distinguishable from the facts when the report was prepared.

The OCL heavily favors Mom with vague recommendations of increases every 6 months.
The clinical investigator is a witness. Ask to interview the witness (or for them to respond to questions in writing). You need to know before trial what the OCL will say on the stand.

For example: "In light of [situation at trial], what are your specific recommendations for increasing my time with [child]?". Of course, you may want to discredit the OCL if you disagree with their opinion.

They have said they will be submitting an offer and aren't willing to negotiate.
Parties do not have to negotiate (although it is a good idea to do it). Ultimately, there are only two endings to a case: a settlement or a decision. If your ex believes she will do better at a final hearing (or you will eventually cave and accept her offer), why would she compromise and accept less?
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