Case Conference

[NumberOneDad]

I have a case conference coming up. I am curious to know how it goes from people that have been through it. My Lawyer says its really relaxed and calm, and just seems to be one large discussion.

I have custody and access concerns, that have to be addressed as my access time is minimal.

1. Does the master/judge usually make temporary access orders?
2. Does the master try and come up with ideas to solve the matter that day?
3. Can notes of settlement be done at a case conference, I.E things we agree upon?

[raven70]

my CC took place in an actual court room,we waited our turn with all the
other people. It was not a sit down at a table, it was a Justice offering
opinions and making temp orders. It took 45 minutes. I was not allowed to
speak and the lawyers stood up just like a motion.

My SC was in a room where we went in and out 3 times throughout the
course of a day, converstaion was straight up. The Justice offered his
opinions on how he would "rule at a trial"

Raven

[momof6]

The judge can only make orders on certain issues at a case conference.
Other orders can be made on consent only. The judge will offer his opinion but if the parties do not agree, you must make a motion, or await trial.

[Pursuinghappiness]

NumberOneDad:

I've been to 2 of these so far. I've found them a bit of a waste of time.

Basically I had a master, not a judge both times. And they basically tried to define and narrow the issues...which was good. However, anything that comes out of it are on consent from both parties and they aren't obligated to comply. The documentation also isn't part of the continuing record. They documents the lawyers come in with are handed back at the end.

That being said...it does help with regard to discussing the issues and getting an idea of what the other party is going to bring forward in the future. You can an indication of what the other party's lawyer is like so you know what you'll be dealing with at questioning and motions.

It also starts the process...a first step...which allows you to let the motions fly afterward, if required. I guess its similar to how I've heard people describe mediation. If both parties are in good faith, some things can be worked out in there but there are no forced decisions. For instance, they may suggest a temporary access schedule, and you both might agree...but if one of you doesn't honor it...its not an enforceable court order.

When I had mine...my lawyer did most of the talking both times. I merely stepped in to correct a couple of dates she mentioned. Otherwise, it was pretty laid back. We came out of it with some recommendations..some which my stbx did and some that he ignored.

[anotherSTEPmother]

In our experience this has occured in a room with a judge and clerk at the front like in a regular courtroom but then a large conference table instead of rows of seating. A judge did oversee.

These dates are considered private and limited on who you bring, like a lawyer is all no new spouses will be allowed likely.

If a judge is there the YES a temporary order can be drafted as well. You could in a magical world also consent together to a final order but really not common.

If there is no agreement in place and you are before a judge there may be a temp order imposed for child support or similar issues. This DID happen in our case and it WAS enforceable.

What everyone is saying is very correct, you really get to see what will be coming from the other side, issues, etc. I would bring a parenting plan as well if you do not have one already as this is helpful as well (if you can get the judge to read it).

It is set up to work like mediation as well. Some discussion can occur, depends if you are represented or now on how the discussion flows.

[lorlaman]

I had one case conference and an order was placed for spousal support through the FRO and scheduled access. After about 6 weeks of access, my kids refused to attend with their mother for variuos reasons. Then, by way of a motion, I was dragged into court citing suffering from Parental Alienation Syndrome and contempt of court.
I don't understand how this is not enforceable.