Case Conference Brief - Need help

[ikikass70]

Hope everyone had a wonderful holiday! Happy 2009!

My partner has a case conference scheduled for the end of the month. He and his ex are self representing. We aren't clear on how detailed the brief needs to be or how to properly lay it out.

I see that when filing a motion, you need to cite case law and/or statutes to support what you want. Should that be done in the case conference brief as well???

Some people have told us to provide a detailed outline. I guess I'm not sure what that means? Put everything in there just in point form???

Also, in filing the case conference brief, is it wise to submit evidence such as email communication/photos/bank statements etc?

Thanks in advance!

[phoenix]

Originally Posted by ikikass70

Hope everyone had a wonderful holiday! Happy 2009!

I see that when filing a motion, you need to cite case law and/or statutes to support what you want. Should that be done in the case conference brief as well???

Some people have told us to provide a detailed outline. I guess I'm not sure what that means? Put everything in there just in point form???

Also, in filing the case conference brief, is it wise to submit evidence such as email communication/photos/bank statements etc?

I represented myself as well, with the help of some friends who unfortunately also spent a great deal of time in family court.

Here is what I did... I numbered each item I wanted dealt with, for example if you are looking for...

1. Full custody. Then state reasons why and mention any supportive documents which will be attached to the case conference brief, etc.
2. Child support. Then state whether or not you have received accurate financial information from the other parent, so you can begin receiving the correct amount in a timely manner, etc.
3. Etc.
4. Etc.
5. Etc. List what you need, why, and any supporting docurments which will have copies attached at the end of the document.

Numbering makes it easier for the judge to go down the list and deal with each matter, and it makes it easier for everyone discussing the issues to refer to each situation as "#1" or "#6" or whatever.

If you feel you have supportive documents that may help the point you are trying to make absolutely attach copies.

If it has been longer than 30 days since you filed a Financial Statement, don't forget to do that. My ex managed to delay many proceedings by not having recent financial disclosures even though he was changing jobs, getting bonusses, etc. Even if nothing has changed, you need to file a form stating that "there has been minimal changes" in your financial situation.

Remember, you can visit your local Family Law Centre and speak to a lawyer for free. I did that several times and it really helped me feel better about how prepared I was for court. Also, get to court early and speak to a lawyer that same day. Again, EVERYONE is entitled to that for free. Make use of it. If you qualify, and they can determine it right there at that time, a lawyer can go in with you to your case conference and help you.

[#1StepMom]

I agree with Phoenix. I'm also in the process of preparing our Brief, and I also numbered everything (each paragraph is numbered, and each paragraph is only one main point/sentence) and used headings (e.g., Child Support, Access, Etc.) at the beginning of each issue. Some issues are simpler than other, requiring only 2-3 points, whereas other issues required 10 points as I also included supporting documentation (i.e. circumstance, status quo, past attempts at resolving, etc.) Basically, everything you feel the judge should know you put in Paragraph 11 of the Brief.

In Paragraph 12, you set out your proposal - What you want exactly.

It's not as difficult as it may seem. Just make sure everything is clear and relevent and all your points are supportive of what you want the outcome to be.

Good luck to you!