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Old 10-28-2009, 05:52 PM
representingself representingself is offline
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Default Advice for a First Appearance? Wife claiming abuse...refuses access! Help please???

Considering many of us have been through court, we've all had a First Appearance....

My best guy friend asked me to post a list of questions on here and get as many opinions/advice/direction from anyone he could...

(He doesn't trust my opinion 100% because I am a woman ). He thinks his experiences will be different from mine, because he is a man!

We all know that the Family Court Process is unpredictable, and he is hoping that with enough information, he may have some clue as to what to expect.... everyone's experiences are different!!!

3 months ago, his wife of 6 years changed the locks and installed a security system while he was at work... and left his clothes on the front lawn. She is claiming spousal abuse and wont let him see his 5 year old son.

She has threatened that if he even steps foot on the property, she'll have him charged.

She did this before with her 1st child's father and won sole custody, CS, SS, and the guy sees the child once a month under his mothers supervision!... So I guess she thinks she'll get the same result this time.

I know she has no proof of abuse, (he'd never hit her...), but Police sometimes lay charges first and ask questions later. He can't afford a Family Law Lawyer AND a Criminal Lawyer at the same time.

Please.... any help with the questions and any insight from ANYONE would be appreciated....

At his first appearance he will see a Clerk and not a Judge, correct?

And that the Clerk checks to make sure everything is filed properly?

If both of the parties haven't filed the required financial disclosure, or other papers what happens?

Does he have to qualify for Legal Aid to speak to Duty Counsel?

Can he ask for an Interim Order for Access at the First Appearance, or does he have to wait until after the Case Conference?

Can she ask for an Interim Order for CS? Or does she have to wait? He's been mailing her cheques so far to have a record of his payments.

Can both of the parties agree to a partial settlement? And if they do, does he draft it onto a Form 25 - General Order (Temporary)?

Can he give her an offer to settle at this stage?

Or does absolutely nothing happen until the Case Conference?

Thanks in advance.