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Old 04-29-2014, 07:12 PM
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Default Conference / Emergency Motion - Need Advice

So I've made a few mistakes so far in my quest for self representation. I have my initial case conference scheduled for tomorrow morning.

The other party is seeking an adjournment in the morning, and has not filed a conference brief. I also have not filed a case brief since I was not aware it was necessary until today (apparently it must be filed four days in advance).

Access / Visitation have been restricted by my ex on a regular basis, unless she is feeling accommodating...which is not often. It is my intention to file a notice of motion in the morning requesting temporary access.

So my questions are:

1. Should I still file a conference brief in the morning, even though the conference is likely to be adjourned?

2. Is there anything special that makes the notice of motion an 'emergency notice', aside from filing it before your case conference date?
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Old 04-29-2014, 07:16 PM
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Adjourn the matter. Do not file anything yet.

Come back here tomorrow and ask for help.
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Old 04-29-2014, 07:28 PM
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They are already seeking adjournment, so I presume I should just show up and agree to it to buy myself some time? I figured since I was driving the 45 minutes to the courthouse anyway it would be ideal to file a notice of motion. Why would you say wait?
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Old 04-29-2014, 07:35 PM
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Quote:
Originally Posted by ninehundredt View Post
They are already seeking adjournment, so I presume I should just show up and agree to it to buy myself some time? I figured since I was driving the 45 minutes to the courthouse anyway it would be ideal to file a notice of motion. Why would you say wait?
Because I could be preventing you from having to pay $$$ to the ex for nothing.

http://www.ottawadivorce.com/forum/f...tml#post169689

Read this thoroughly before filing. you have time.

If ex has a lawyer , fax a confirmation that you agree to adjourn or an email that you adjourn the matter and that you are willing to mediate. you might wanna be there to set the date and to show face. but this way you don't look like an idiot for not filing. Get there early, and go straight to flick office and ask to set up a mediation. same as other thread above.
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Old 04-29-2014, 07:42 PM
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Originally Posted by OntarioDaddyMan View Post
Because I could be preventing you from having to pay $$$ to the ex for nothing.

http://www.ottawadivorce.com/forum/f...tml#post169689

Read this thoroughly before filing. you have time.

If ex has a lawyer , fax a confirmation that you agree to adjourn or an email that you adjourn the matter and that you are willing to mediate. you might wanna be there to set the date and to show face. but this way you don't look like an idiot for not filing. Get there early, and go straight to flick office and ask to set up a mediation. same as other thread above.
Thanks for putting the brakes on for me. I can fax them a letter this evening. I have made several requests directly to my ex asking for her to consider mediation, and she has declined each. At least this time it will be in her lawyers hands.

I had spoken to the mediator weeks ago, and they will not even make an appointment unless both parties agree to show up.
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Old 04-29-2014, 09:51 PM
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If you adjourn, you cannot file a motion. This includes for a temporary order for access. If you want to see your kids, you don't want to wait. You also want to be prepared for any CC

YOU WANT the CC out of the way. Don't adjourn, unless you feel like waiting to see your kids that much longer.

My CC got bumped due to lack of court resources. I had to wait an additional couple of months for the CC. As soon as it was over, I filed a motion for additional access. STBX's lawyer filed cross motion. I won hands down.

If I were you, file a brief asap, do not adjorn, and prepare a notice of motion for access. Serve it right after cc.
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Old 04-29-2014, 09:57 PM
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Secondly, read the FLR. Once your done, read them again, and once again. You'll then get a good idea of process.
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Old 04-29-2014, 11:03 PM
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Quote:
Originally Posted by plainNamedDad44 View Post
If you adjourn, you cannot file a motion. This includes for a temporary order for access. If you want to see your kids, you don't want to wait. You also want to be prepared for any CC

YOU WANT the CC out of the way. Don't adjourn, unless you feel like waiting to see your kids that much longer.

My CC got bumped due to lack of court resources. I had to wait an additional couple of months for the CC. As soon as it was over, I filed a motion for additional access. STBX's lawyer filed cross motion. I won hands down.

If I were you, file a brief asap, do not adjorn, and prepare a notice of motion for access. Serve it right after cc.
What are you talking about ? What ASAP ? CC tomorrow morning. He can not even file Form 14C: Confirmation. Of course you do not want to adjourn that why you should follow rules and file the brief... Now since it tomorrow to avoid being screwed I would not risk to put it in other party' lawyer hands.

I would agree to adjourn but I would also try to get something done tomorrow anyway (which really slim chance since no briefs so judge will not read anything) or at least make sure it adjourn for ASAP not when lawyer want's it ...

If nobody filed Confirmation it likely that judge not even will have file in front of him. ..

Just my 2 cents or even 1
WD
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Old 04-29-2014, 11:16 PM
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Quote:
Originally Posted by WorkingDAD View Post
What are you talking about ? What ASAP ? CC tomorrow morning. He can not even file Form 14C: Confirmation. Of course you do not want to adjourn that why you should follow rules and file the brief... Now since it tomorrow to avoid being screwed I would not risk to put it in other party' lawyer hands.

I would agree to adjourn but I would also try to get something done tomorrow anyway (which really slim chance since no briefs so judge will not read anything) or at least make sure it adjourn for ASAP not when lawyer want's it ...

If nobody filed Confirmation it likely that judge not even will have file in front of him. ..

Just my 2 cents or even 1
WD
Agreed. It's obvious that I dropped the ball on this one, but as OntarioDaddyMan has implied...'keep calm and carry on'. Tomorrow morning I'll stop at the FLIC office to setup a mediation request to the other party, and then be present at the conference time to get the new date from the judge.
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Old 04-29-2014, 11:21 PM
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Quote:
Originally Posted by ninehundredt View Post
Agreed. It's obvious that I dropped the ball on this one, but as OntarioDaddyMan has implied...'keep calm and carry on'. Tomorrow morning I'll stop at the FLIC office to setup a mediation request to the other party, and then be present at the conference time to get the new date from the judge.
Agree to adjourn, but before you do explain to the judge that you attempted to mediate and you are willing to try to resolve outside of court. Also be sure that when setting new date that it is only a few months out and not anymore then 3 months out. they will just drag it out.
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