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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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  #11 (permalink)  
Old 06-19-2017, 03:36 PM
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Quote:
Originally Posted by rockscan View Post
Just to bump this and get some info...

Anyone have any success in writing a good cc brief? My partner has a lawyer but we are also trying to save money so we are drafting, researching and organizing. He was going to start to lay out the brief and then have it ready for lawyers edit/input. My partner gets very emotional and wants to add stuff which is why I want to keep it short but relevant. Problem is, the access and sharing of information issues are VERY relevant to the case. There is case law where parties have been denied financial compensation due to refusal to share info. Plus his kids are pissed at him due to ex interference which has led to them terminating the relationship. Her refusal to include him and her continued interference/denial of access has led to the breakdown in the relationship.

My question is this: how best to refer to all of this? I know that it isn't an access issue, but the access issues have led to the financial issues because the ex is claiming he refuses to pay for anything and the kids are suffering emotionally/financially. Is it enough to simply state that she changed the terms and refuses to share info? Or should he cite examples and correspondence?
I was told by my lawyer (a senior partner) that citing cases, emotions and the like do not belong in case conference briefs or replies. You can feel free to bring up anything (including citing case law) but just note that it is not 'usual' to be doing so in any written reply. Citing cases/arguments are made in a trial, that's about it.
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Old 06-19-2017, 04:22 PM
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This I understand. Im confused on how to state it with the proof he has. For instance, ex has interfered in the relationship causing a break down in communications and sharing of info. The proof is documentation where kids have either "given permission to share", partner has had to go through teachers or kids have railed at him with info they shouldn't have.

His lawyer stresses this isn't about access and we understand that. But it involves access to information and the ex has manipulated the kids and their ages to prevent him from knowing anything.

His ex has claimed a pile of stuff that isn't true in her affidavit and at this point theres no clue if shes self repping. I worry that his lawyer is not aggressive enough but then that worry extends to how aggressive does he need to be? This is a person who refuses to adhere to the agreement and the law, who has dragged the children in and caused a breakdown in the relationship, who feels she is entitled to make any and all decisions and he is to simply pay up, and who has decided to file paperwork for money she is not entitled to with no proof or background for the claims.

When I read cases on canlii, the judges reference information and documents that have been provided to back up claims. Nothing like that has been provided.

I suppose we just wait for her case conference brief and go from there?
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Old 06-20-2017, 03:15 AM
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Having personally been involved in 20, 25, maybe more case conferences and now graduated to 5,10, maybe 15 trial management conferences, I have come to an epiphany. Each and every one has been a magnificent waste of time, money, energy and human resources. I stopped attending long ago. Started participating by phone. Not going to do that anymore either. Losing a day's pay to have the judge rant and rave for 2 minutes. Not going to happen a second time.
Not one single solitary issue has been settled to this point.

When you have a batshit crazy ex like I have case conferences and trial management conferences only serve to relieve you and your children of your financial resources. The judges themselves are full of bs.
We had one that told us he hadn't read any of our materials, another spent the entire conference lecturing both my ex and me that we should have better control of our lawyers.
On one occasion my ex deliberately violated the judge's court order by removing all the contents and furniture from the marital home ( while kids and I still living there). Next conference, instead of getting angry that he did this, the judge changed his order to now allow the removal of all the contents provided he doesn't sell or dispose of them without my signature.

Don't get stressed out about these ridiculous things called case conferences or TMC's. They're of no importance whatsoever. I don't even show up anymore. Just send my lawyer. When you're in a high conflict divorce with an unreasonable ex they're as useful as a herpes outbreak.
I'm only going to show up in court if we ever get to trial. We're only in our 6th straight year of litigation . Hopeful we'll get put on the trial list before my youngest celebrates the birth of his first grandchild!
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Old 06-20-2017, 10:30 AM
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Stillbreathing I would be of the same opinion as you had I been forced to go through case conferences. I will even go one further and say that they (case conferences) likely exist simply to make more money for the lawyers.

If you have 2 warring parties it makes sense to me to get in front of a judge (who has power/authority to make any and all decisions) as soon as possible so people can move on with their lives.

Mediation is another useless process IMO - why participate in something where you have to pay for a mediator and possibly end up not resolving anything?

I personally favor motions. At least there is a decision.
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Old 06-20-2017, 10:37 AM
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Originally Posted by arabian View Post
I personally favor motions. At least there is a decision.

Im confused. The case conference is a result of a motion.

From what I understand the judge at a cc can make an order for certain things like updating child support. We are expecting they will update to the current amount at the first cc and then work through the other issues either at that one or at subsequent conferences.

It is interesting that the purpose of these conferences is to get parties to settle. They don't seem to work for unreasonable parties. The ex here is asking for things not entitled to by law. Not sure if she will heed a judges comments if given.
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Old 06-20-2017, 10:43 AM
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I never went to one case conference. However, my ex and I didn't have children of the marriage. One party filed a motion/application and the other party responded. Court date was set and matter was argued in front of a judge. This happened on 12 occasions.
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Old 06-20-2017, 10:59 AM
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I wonder if its different between provinces?
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Old 06-20-2017, 12:56 PM
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I was told the cc is supposed to be an opportunity to bring your issues before a judge to have their input to help you settle. They are not supposed to make orders unless both parties consent. They are also not supposed to be your motion judge ( who can make orders without either parties consent).

In reality the litigants are expected to follow the family law rules while the judges only follow them if they feel inclined.

The cc comes before the motion
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