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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 05-09-2014, 03:04 PM
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Default Form 14C help

This relates to my post from last evening. We need to submit a form 14C confirmation.

I'm confused about answering if we have been able to confirm with the other party/lawyer items 3 through 7 per the form. Recall that she agreed to do what we are asking the court to make an order for, but refuses to sign an Offer with those terms. So the matter must go forward.

Lawyer is ignoring all communications. Mom is semi retarded and non cooperative with most everything.

So do we say we have not confirmed because they refuse to communicate? And all matters must go forward with this motion? And state that we served both respondent and lawyer on record? And leave all their time allotments blank?

OR

Do we say we have confirmed but they refuse to provide/communicate the information to complete the form and all matters unresolved therefore must go forward?

My fear is the court clerk will take it off the roster because other party/lawyer isn't providing info.

Do we serve 14C to other partylawyer? Or just file at court?

Thanks in advance.
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Old 05-09-2014, 07:49 PM
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Say that you have attempted to contact the opposing party but that they have not responded to your communication. By the Family Law Rules, you are required to send the 14C to the court house and confirm (or attempt to) with opposing counsel. It is not a requirement but a courtesy to send the 14C to the other party. Having said this...my exes lawyer after I did the above...sent me a nasty letter stating that the Rules required serving and that I would be paying costs because I did not serve the 14C to them. I checked with duty counsel the next day....no need to serve...just as I thought. I would say that there is no harm to do both.
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Old 05-10-2014, 01:18 PM
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Quote:
We need to submit a form 14C confirmation.
When the other side is represented by a lawyer, fax a copy to the lawyer then fax in to the courthouse with the box checked that you have contacted the other side to confirm the matter.

If the other side is self repped, you can include the confirmation with the documents you are serving, or else send it to them shortly before the two day deadline.

In your odd case of a lawyer on record ignoring the file, send it to both the lawyer and the sort-of self rep, then send it in to the courthouse.

If anyone disagrees with the confirmation they may send a contrary one in (for example, indicating they will be seeking an opposed adjournment).

If no one shows up, you can show the judge your affidavits of service of the material for both lawyer and self rep, and honestly say you confirmed with both the lawyer and self rep. Let them be the author of their own demise.
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Old 05-10-2014, 02:34 PM
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Thank you orleanslawyer.

One more question if you could confirm:

Mom agreed to the terms of the Order we are seeking in an email two days ago. We immediatly sent an Offer to settle with those terms to both her and lawyer on record. She did not accept the offer and/or return it. So we advised both lawyer and mom we would be proceeding with motion next week.

So dad will attach the email thread to a new affadavit which he will serve and file on Monday. The email will be an annex to the affadavit so that the judge can see it. Does this make sense?
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Old 05-10-2014, 02:38 PM
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Does this make sense?
Be careful not to be including settlement discussions, as they are without prejudice.

It sounds like you want to say to the judge, "she agreed to what we are asking for, let's get the Order and be done with it". Worst that can come out of it is the judge says the e-mail is not enough (or w/o prej), in which case rely on your arguments.
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Old 05-10-2014, 02:42 PM
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Quote:
Originally Posted by Serene View Post

Mom is semi retarded and non cooperative with most everything.
This sounds familiar, and made me lol.
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Old 05-10-2014, 02:42 PM
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Well regardless of settlement discussions - we have a Separation agreement that says "shared equally" for these holiday periods... and they aren't being shared equally!

I guess the emails aren't really needed given we have the SA and we haven't had the kids for these periods in the past "shared equally"

We will file our two Offers to settle next week as well (sealed envelopes per court clerk instructions).

This is all so ridiculous...

Thank you for your insight.
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Old 05-10-2014, 02:44 PM
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Ninehundret -
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