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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-01-2015, 01:05 AM
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Default Another rescheduling case conference question

So my partner heard back from the Trial Coordinator today and she was not happy that his ex didn't mention that we were going away when it was scheduled. She gave us two dates and times in September and said to email the ex and copy her on it, requesting consent to adjourn the motion and asking which date she would prefer. She said if the ex says no again we file the form 14C and she will take it to the judge.

We have been waiting to hear back from the coordinator before replying to two emails that she sent regarding access and serving us with her brief and financial statement. Since he now had direction he sent the case conference email and about 5 minutes later he sent the reply to the access question and told her he wasn't comfortable with in-person service due to the scenes she has been causing during access exchange. There was a blow up between her and her older son a week ago and her email describing it was sad because it completely distorted everything.

So she gets 2 emails total since the email on Monday where he turned down her "offer". He got a huge long rambling email about how she can't wait for when the judge strips him of custody and orders supervised access and on and on. He of course he did not reply to her. She did not reply to the case conference request. About an hour or two later while he's at work my partner gets a call from the police. She has filed a harassment claim. The cop said he told her that this was not harassment but that he would speak to my partner about staying on topic and he said at the end that if my partner needed a copy of the report for court to let him know.

So after that rambling explanation, I have a couple questions. First is - she's tried to have him falsely arrested before and kicked their oldest son out of the house because he refuse to lie to the police and she wound up arrested - does he use all this in court? We know you aren't supposed to trash the other parent and this feels like trashing. But it also feels important. Second is how do we use it if we do? Do we add it in the case conference brief? We think she's going to go for a protective order to in her mind ensure sole custody and she said during the last access exchange that she will do whatever she has to to get him. But it was verbal.

Third is how should we handle the adjournment now? Do we tell the coordinator about the police call and that he's not comfortable following up with her?

Sorry for all the info and questions we just don't want to screw this up. Thank you!
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