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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 01-20-2010, 07:09 PM
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Question No doc been served from Respondent for case conference

-Case conference (Jan. 27)
-Case conference brief
-financial statement or Form 14a Affidavit.

I represent myself as applicant. I have not received the Respondent's (my wife) case conference brief and financial statement. Yesterday is the last day that I should be served by the Respondent's lawyer. (family law rule - The respondent's lawyer applied for the case conference, so they should serve me those files 7 working days before the case conference.)

How should I deal with this situation. I do not know where the respondent stands and what the respondent will act at the case conference. i do not know how serious their mistake is. Can I harvest anything from it.

The respondent has the legal aid. is it possible that her lawyer has used up all the time from the legal aid, so her lawyer is reluctant to do any more for this case. So her lawyer attending the case conference is the last thing they have to do. (IMO, the lawyer is first a businessman, second a lawyer).

Should I contact the legal aid office, creating a situation that the legal aid office supervises this case and pushes the respondent to take any reasonable deal.

Any response will be appreciated.
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Old 01-21-2010, 07:31 AM
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I believe it is 4 days minimum for exchanging information before the court date. My ex's lawyer waited until the 4 day mark before i received her info.
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Old 01-21-2010, 09:56 AM
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I thought it was 5 days?

I believe that materials can be mailed on the 5th day and still be acceptable.
Perhaps its en route via post?

Regardless, you are not responsable for your ex's materials. If it is not filed that can only benefit you. Make a point of bringing it up to the judge that she doesn't appear to care enough about the situation to respond in a timely matter.
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Old 01-21-2010, 11:15 AM
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don't sweat it, there is nothing you can do. Wait until court and if they try to file at the CC then make the point Wretchedotis suggested. If they file late (or not at all) it can't hurt your case. But you might want to be prepared for another delay.
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Old 01-21-2010, 06:32 PM
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Thank you all.

an hour ago, i received ex's case conference brief and notice of attendance.

i, on Tuesday, served ex's lawyer my cc brief, form14 affidavit general ( in support of financial statement), and filed above two plus the notice of attendance to the court.

However, i have not got ex's Financial Statement Form 13. I just do not know how the judge will do with the issues of the child support and spousal support without the Financial Statement.

Final question, on ex's brief (made by her lawyer), they want an order sought from court "Cost of this action on a substantial indemnity basis", I do not the exact meaning. Could anyone let me know what that is and how to deal with it.

thank you all very much
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Old 01-21-2010, 07:12 PM
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One of the purposes of the Conferences is to assure that all required documents are provided for the trial. In practice, 90% of Applications are settled out of court, but the Judge is there to look things over and require the party to provide the documents. Most of the time this might be something like missing a tax return, or a supporting statement showing the worth of some investment.

In your case, the judge will certainly require her to provide the financial statements, and may even write this into a motion. You will probably then get a second case conference date in a month or so (depending on the judge's calendar) when the documents are submitted. Probably the judge will not make any other decisions or advice at your first conference due to the missing information.

This is especially because you have already been paying child support so there should be no pressing issue. I forget if you are happy with your level of custody and access? you should already have made this an issue in your application/response, you can't bring up anything new at the conference, but this would not be directly financial and you could ask for changes. This is an example, you could ask for something that is urgent and non-finacial, that you have already included in your brief.

Also, please notice I have been saying "probably" a lot, nothing is really guarenteed at a case conference. This is based on my questions to my lawyer and our law clerk before our case conference.
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Old 01-22-2010, 07:38 PM
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Thank you Mess,
This afternoon i went to FLIC (newmarket, close to my office), what I was told is the same as what you said.

one of the purpose will be completing unfinished paperwork. the judge may order the respondent serve me their Financial Statement to me in one week or two. then there will be another case conference.

Another purpose will be narrowing down all the dispute for the second case conference or settelment conference.

i was told that I might need a motion after the first case conference for child access. Or if i am lucky the judge may make a temperary order about child access. I have not had a chance to see my daughter for 6 month. And during the last 3 christmas seasons, i was not allowed to visit my daughter. Hope the situation will be over soon.

as what I have metioned in my case conference brief that the court mediation is an acceptable way to solve the disputes. The court clerk of FLIC Newmarket told me that the judges like those positive proposals and result-orianted suggestions.

i just learned that my wife got a job last december, she now probably earns more than I do. But on her CC brief, she wants me to pay her the last 7 yeaar's spousal support, which I doubt her entitlement of obtaining spousal support.

the court clerk at FLIC said that I should ask my wife's Financial Statement even it is late and let them email me it. No matter what they did, at the end everyone will have to disclose all the necessary information under the law.

your said " In practice, 90% of Applications are settled out of court, but the Judge is there to look things over and require the party to provide the documents.", my understanding is that in 90% of cases the both sides will solve their issues by themselve. Does the court supervise the agreement reached by them? or the both sides just simplely walk out of the court and go together to find out a mediator and solve the issues. Does both sides will stop the legal procedure and drop the legal case and say bye bye to the judge and court.

Mess, would you please give me further information about What "... 90% ... " exactly means.

Thank you Mess, have a good weekend
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