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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 06-08-2015, 06:14 PM
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Default opposing lawyer wants to adjourn trial

Hi everyone,
Started legal proceedings early 2013
-corally relief divorce ordered nov 2014
-iterim eow parenting order
-respondent has never been available for questioning
-respondent has adjourned 9 times for special chambers/morning chambers
-last special chambers the judge sent (my) case for trial
-respondent did not accept any of our proposed court/trial dates for early 2015 therefor the only dates available for a trial were in december 2015 nearly 1 year from the last sp. chambers case.
-i have sent numerous i think 9 ots respondent hasn't sent one nor accepted any of mine.
Now opposing counsel wants to adjourn the dec 2015
Can someone explain why do they want to adjourn?
And furthermore why opposing counsel wants to question me for a second time?
How does anyone get on in there life with this?
Side note- opposing counsel was told they would need to take the necc steps to get the trial adjourned. Anyone with insight as to whether that assists my case?
case for trial is ss/ equalization parenting is not an issue as respondent is happy to have eow or in his case whenever he occassionally feels like parenting.
Mind you we only have an interim order.
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Old 06-08-2015, 07:14 PM
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What province is this taking place in? I seem to recall you moving to Alberta.
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Old 06-08-2015, 07:33 PM
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Hi Arabian! Yes im in the province that floats this country! J/k yes alberta!!
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Old 06-09-2015, 01:44 AM
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You have to request a "case management judge" - that way you won't get bounced from judge to judge.

No fun for you for sure. Before we got case management my ex was getting away with all sorts of things (represented by counsel as well as a stint as self-represented).

https://www.google.ca/url?sa=t&rct=j...95039771,d.aWw

Google "case management Alberta Justice" - there are many articles about the process.

Be warned, however, that you may get a shit judge and you are pretty much stuck with them.

Last edited by arabian; 06-09-2015 at 01:58 AM.
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Old 06-09-2015, 02:07 AM
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Thanks Arabian, thanks for that i forgot to include in my post that the judge assigned herself as the case management judge for my case, so is that a good thing? Yes, i can totally related to being bounced from judge to judge however that has stopped now. The case management judge has signed off as our trial judge, we will have a different judge for trial.
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Old 06-09-2015, 02:11 AM
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I pray for you that you got a good judge. I wasn't so lucky. PM me the name and perhaps I went before her at one time. We had great 12 judges and the case management one we have now is certainly not something to get excited about. In fact he has botched things up IMO and we will be back to court again sometime again this year perhaps. I've only taken my ex to court 2 times - 1 x for file of divorce and the other time to demand financial disclosure. It was my ex's g/f who initiated all the other 10 times. Sheesh!
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Old 06-09-2015, 02:38 AM
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My lawyer instructed his lawyer to go about all the nexcessary steps to request an adjournment, we are in court for a tmc(?) this week,
I believe it isnt always easy to get an adjournment so im wondering what the outcome will be as my lawyer will be explaining to the judge the length/delays of this case that have occured to get it this far..?!?
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Old 06-09-2015, 10:12 AM
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What is their reason for wanting to adjourn for Dec 2015, 6 months in advance??
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Old 06-09-2015, 11:36 AM
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Respondent stopped using this lawyer and self repped for special chambers.
We rec'd notice 2 weeks ago that respondent re-hired his lawyer.
Lawyer claims not enough time to prepare for trial as they just came on the case that was the reason given to me for an adjournment.
If I contest the adjournment I don't know if dec trial will still proceed.
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Old 06-09-2015, 01:57 PM
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6 months is not enough time to prepare?

If you don't contest the adjournment, it definitely won't proceed. If you do, you have a better chance of it going forward, no?
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