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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 11-06-2016, 04:49 PM
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Default cancelling the motion - what is the procedure

Hi,

I have a question, I have a motion to take place in a month about addition of the parties to the case and financial disclosure (Family law). This is what the judge scheduled at case conference. I have already sent a letter to the other lawyer stating that I approve those motions as to the content and form to take place on certain date in December. I consulted with some alternative legal counsel and now i am thinking maybe they are something I don't want to do as I don't want this case to be developed into something big but maybe by doing this motion I only complicate it. Does anyone know the rules if I can cancel that or it is too late at this point? No papers on motion like affidavit and notice of motion has been filed so far.
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Old 11-06-2016, 08:47 PM
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If you made an offer to settle. You can revoke it. Until you sign something nothing is final.

What is the reason you changed your mind?


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Old 11-06-2016, 08:50 PM
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this is a motion to reduce child support from him which provoked a motion to addition of the parties and financial disclosure from my side in return. no settlement here, just wondered if i can cancel my motion, it is already scheduled in court. i am doubting now if I need to dig into it and incur into more costs without any good outcome in the end.
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Old 11-06-2016, 09:09 PM
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You can withdraw. But you have to pay their costs.


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Old 11-06-2016, 09:20 PM
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ok thanks, I will probably proceed then)
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Old 11-06-2016, 09:21 PM
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Quote:
Originally Posted by Tatyana K View Post
ok thanks, I will probably proceed then)


Make an offer to settle though. If you get as favourable or better results than your offer them you are entitled to costs. Same for the other side.


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Old 11-06-2016, 09:23 PM
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nothing to settle, he wants to reduce child support and i don't, i can't agree on anything else, if he does not negotiate, then judge will decide.
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Old 11-06-2016, 09:25 PM
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he signed final agreement a year ago and there is no change of circumstances in terms of child support, so i won't agree on his motion, so we won't settle unless he wants to withdraw his motion which he wont
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Old 11-06-2016, 10:56 PM
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I would say wanting to move the child permanently to another country, substantially reducing his time with the child while substantially increasing his costs to see the child would be a pretty clear cut material change.
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Old 11-06-2016, 11:00 PM
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i have no mobility issue in court now, if it comes in place, i will treat it right. this is just a motion to change final order from father's side. nothing to do with relocation.
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