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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 02-18-2006, 07:05 PM
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Hi everyone I thought I get my feet wet with asking a few questions

First I'll tell you a little bit of history. I was living common law for about 10 years. The first 5 years I support him so he could become an electrician. We had our son 4 years ago and we both decide I would stay home with him till he starts school. I just started back to work when we parted way, I am on a call in basis and never know what my pay check will be like from week to week. I left our jointly owned house with my son about two month go because all the screaming and yelling was starting to effect him. Since then he has lock me out of the house and not given any finacial supoort at all.


questions: What happens at a case conference?
Will he have to pay back child support?
How long does the courts take to settle anything? everytime I try and talk to him about anything he just ignores me and I have to contact my lawyer to get things done.
Can he be made to pay my lawyers fee since they are getting high because of him?
I'm sure I'll have more question but this is enough for now
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Old 02-18-2006, 07:28 PM
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Hi Tracy, and welcome aboard.

A case conference is the first court appearance before a judge. It is relatively informal, a summary of the case called a case conference brief must be prepared, served and filed with the court.

The primary purpose of a case conference is to have a judge review the case and place the case on a schedule, especially with respect to any procedural steps that must be taken to move the case along. Such steps might include appointing the Children’s Lawyer or requiring financial disclosure by a certain date. The judge will also explore whether any issues can be settled, and if so, will make an order in accordance with the settlement. A judge may also give his or her opinion as to the merits of each party’s position.

If issues can't be settled at a case conference the next step is usally a motion.

Most likely a Judge will order retro child support for the past two months.

If you are successful in court, the court may award you costs. These costs usually only cover a small percent of your total legal fees. In most cases the parties cover their own legal costs.

I know it is difficult to deal with an ex, that ignores you, but try your best to work out as many issues as possible, on your own, through mediation or collaborative law. The court route is highly costly both financially and emotionally.
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Old 02-19-2006, 03:44 PM
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Thanks Grace for your info.

Maybe some one could help me with other Questions

We now have an interm custody order which is joint. He lied on his court papers. Does he have to prove his statement at the case conference or do I have to prove that they are wrong?

Should I be asking for sole custody because of his lack of communication with me? I have done everything concerning my son from the beginning.

He is trying to be a good Dad but involves our child in our separtion including finacial stuff, which a four year old can not understand. He has not figured out how to disapline the child yet but I am hoping he will learn.

Is there anywhere on the internet that I can get the spousal support guide line?
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Old 02-20-2006, 09:58 PM
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The case conference is more about procedural issues and determining the path your case will take, rather than dealing with substantive issues such as custody or support. At this point, a judge normally deal with contested factual statements.

The spousal support guidelines are here:
http://www.justice.gc.ca/en/dept/pub...ect/index.html
but you'll need a special computer program to calculate spousal support from them because they are really so complex.

You can find a lot of info on child custody here:
http://www.ottawadivorce.com/child-c...-in-Canada.htm
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