Case Conference Brief Below - Seems too simple am I missing something?

[JB514]

Hi everyone. Please help. I will be self rep. for this issue and need your advice.
I have CC coming up in Feb. My ex brought a motion to change CS and Travel without my consent with our 14 y.o. She has Sole Custody. I had a lawyer for CS issue, but can't afford any more legal bills. So CS has been settled and only TRAVEL is remaining. I got the form for CC, but after I filled it out it seems too simple. Maybe I am missing something.
Please help with any advise:
*Is info I provided sufficient?
*I am trying to be impartial and not throw the blame around, but get my point across.
*Are my requests reasonable?
*Anything I should change or add or clarify?
Below I copied my CC brief because the file was too large to attach. My answers are in BOLD. I deleted sections that do not pertain to me like financial statements or anything to which my answer is No (does not apply). Thanks

ONTARIO

Ontario Court of Justice

Court File Number


(Name of court)

Form 17A:
Case Conference Brief ╨
General
at
311 Jarvis


XXX
Applicant(s)
Self


Respondent(s)
Self



PART 1: FAMILY FACTS

Child╒s full legal name
Age
Birthdate
(d, m, y)
Grade/Year
and school
Now living with

Applicant




Form 17A:
Case Conference Brief - General
(page 2)
Court File Number



PART 2: ISSUES

5.
What are the issues in this case that HAVE been settled:
child support

6.What are the issues in this case that have NOT yet been settled:

other (Specify.)

Consent to Travel outside of Canada with the Child

Have you explored any ways to settle the issues that are still in dispute in this case?

1
Yes. (Give details.)

1) I, the Respondent, submitted that I will provide reasonable travel consent in a timely manner. The
applicant rejected the offer.
2) Thereafter, I Submitted an offer that CHILD X can travel without my consent, however, the applicant is
to notify me at least 30 days of the travel of the duration, location and Date of travel. The applicant
rejected the offer.
9.
Have any of the issues that have been settled been turned into a court order or a written agreement?

1
Yes.
1
an order dated
XXX for CS


PART 3: ISSUES FOR THIS CASE CONFERENCE
11.
What are the issues for this case conference? What are the important facts for this case conference?

The relationship between CHILD X and I was terminated unilaterally on many occasions by the CHILD X and encouraged by the applicant. Last contact between us took place over a year ago.
There is no valid reason why the Applicant wants to travel with the CHILD X without my consent. There has been no history of me ignoring any requests made by the Applicant. The applicant and the CHILD X have all my contact information and to obtain my consent, the forms could be mailed to me. They would be returned promptly.


Form 17A:
Case Conference Brief - General
(page 3)
Court File Number



What is your proposal to resolve these issues?

I would provide my consent to a reasonable travel with CHILD X.

Do you want the court to make a temporary or final order at the case conference about any of these issues?

Yes. (Give details.)

An Order requiring written consent of the Respondent father prior to permitting the Applicant mother to travel outside of Canada with The CHILD X.

I believe that the issue before the Court is straight forward and is brought before the Court by the Applicant without any valid reasons. I have signed Passport Application for the CHILD X mailed to me by the Applicant. I believe that this will be the last Passport Application to be signed by parents, since Child X will be the age of 16 in a little over a year. Thereafter, CHILD X will require Adult Passport Application.

[springx]

I just replyed to a smiliar post.. But I did recieve an order where I can travel w/o the other biological parents consent or knowledge and I can obtain a passport w/o their signature. Your child is quite a bit older and I did notice you were being very resonable with your 2nd request(that was refused also-given 30 day notice to you). I think you did fine, it is now up to the judge to decide and they will probably look at how the contact is limited now or will look at it as you are the biological parent. You may want to add how you want to be involved and have never abandoned the child (if true) and have always supported the child BUT (and this is where you add you feel the contact between your child has ended because the other parent is encouraging it). Maybe this may help?

[JB514]

Thanks for your reply. I wanted to leave out the part about our relationship on CC to make it less emotion driven as I have heard that Judges don't like to read through emotional he said/ she said. Especially for CC which will be given back or destroyed and will have no bearing on following court dates if any. Maybe I am wrong, but if I am just stating the issue (like the relationship has been terminated unilaterally) and me being reasonable with providing consent and wanting to know about my daughter's well-being, kind of sums up our place at the moment. At the moment I am not pursuing a relationship with my daughter (posted on my previous threads). When she was younger, her "I don't want to see you" did not stop me and I thought she will outgrow it. But now besides derogatory name calling to my communication with her, there is nothing left to do. It is true that I have not abandon her, and have always cared and supported her. Her mother states otherwise, but I do have all the e-mails to show what really happened. She might still come around (its been 7+ years of this on and off), but to my sadness it seems to get worse the more I show her that I am there for her she takes even greater advantage. This is the reason why I don't want to put on paper. I know her mother will show her the CC paper and my daughter will see only me accusing her. She also insists that her mother has nothing to do with her decisions, so in court even that bit would be he said/ she said.
As a quick example, my ex has a 2 y.o. from another partner. She is already withholding the child from him. When my daughter was telling me this she was on her mother's side and saying "oh he didn't do this, did't do that, so my mom didn't let him see his daughter, he doesn't deserve it." I didn't know what to say to that. When she was a child, we went through same thing. But at that time she would cry and call me and tell me her mom is not gonna let me see her. So you would think she remembers that it wasn't right. Anyway, didn't meant it to be so long. 7 years is a long time and a lot has happened between then and now that brought us to where we are now ; (

[springx]

No, you don't need to state the history but if it comes up form the other party that you are not involved you can quickly state that you have tried and will continue to maintain a relationship but the child refuses at this point in time which you belive is from the other parties bad mouthing of you/NOT encouraging a positive relationship between the 2 of you but you will not give up and request not to be excluded from such important decisions. Do not bring up any other history of hers, just keep in mind about not looking resentful and focus on you wanting to be apart of your daughters life and looking out for her best interests.

[JB514]

Thank you. Thats what I am planning on doing, not badmouthing anyone. But if my ex is not intimidated much by the courts, she will show her true colors and start ranting about how horrible I am. So I hope the Judge will see through that and that there is no reasoning with her. And to be quite honest, there is another reason that I want to have some control over their travel. My ex puts a big burden on my daughter to babysit her 2 y.o. sister when she works. She works nights. So pretty much when my daughter comes from school, she takes care of her sis, and after she spends all her time on the computer. Then she complains to her mom the next day that she is tired. That results in a bad school attendance, bad marks for not doing her homework and well in school. I just can't trust that my ex is not going to pull her out of school for travel even if its summer school that she might require in order to advance. But again, those are just my speculations and will not look good in court.

[springx]

haha you are right. It is tough dealing with these issues but best of luck to you, keep us posted re: final order.

[JB514]

Thanks I will! Do you think there is any chance that the Judge will enter temp or final order at CC?

[springx]

No, because I don't think she is willing to settle w/o the travel+obtain passport w/o consent and you don't agree with her application. Judge does not force anything at cc, they just make a temp or final order based on what the parties agreed with.

[JB514]

Thanks ; )

[Tayken]

Briefs are supposed to be exactly that "brief". General rule is not to make them longer than 5 pages of additional content. In fact, some jurisdictions have strict page limits on conference briefs.

There is generally a reminder to solicitors from the Law Society to in fact make things brief. I can't even count any more how many times I have read from the society and in various legal texts that briefs for conferences should be just that... Brief.

Don't shotgun a brief. It just shows you are not focused on resolving problems and just creating them.