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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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  #11 (permalink)  
Old 05-14-2014, 01:45 PM
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Originally Posted by Serene View Post
Yes FB we understand that. But she is trying to cancel (or make us cancel) Friday's motion because she sends an email saying she agrees to the items requested for an Order. But the email does not allow the courts to make an Order on Consent. She must provide the necessary paperwork to make an Order on consent or we proceed with motion.

The costs are separate. However, I'm sure a judge would be annoyed by these antics. As all offers to settle were sent multiple times to her and her lawyer she has received 12 to date. If she agrees why hasn't she signed? Because she is uncooperative and using the system as a way to harass and interfere with dad's access. As it stands our travel plans for Friday are on hold - because we have to appear in court AND we really don't know if we will have the kids.

Do you see the issue now? This woman is the definition of HC.
She will claim in court she can't accept an expired offer. Not she if it will get her anywhere.
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Old 05-14-2014, 01:47 PM
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They weren't expired when she received them. She let's them lapse.

If she wants to settle she still can.

But she doesn't.
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Old 05-14-2014, 02:00 PM
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They weren't expired when she received them. She let's them lapse.

If she wants to settle she still can.

But she doesn't.
I guess my question is why let them expire???

Then there are no excuses.
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Old 05-14-2014, 02:10 PM
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Quote:
Originally Posted by Serene View Post
They weren't expired when she received them. She let's them lapse.

If she wants to settle she still can.

But she doesn't.
You have sent copies to her lawyer as well, so there's no chance of her claiming she didn't receive them. She's obviously playing with your nerves.

Sounds like she's dragging things out just for the 'ell of it.
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Old 05-14-2014, 03:25 PM
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Yep I have no doubt.

And yes they were sent to lawyer as well. And her via fax and email.

These are the games she plays. And she wonders why we are not trusting of her. If and when (not that I think this will ever happen) she wants to change her ways she will be a victim of her own past behaviours.

I'm hoping that she has taken enough rope to hang herself in front of the judge on friday. She will look very silly trying to convey this story to the judge.

I'm willing to bet her lawyer will be representing her too.
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Old 05-14-2014, 07:34 PM
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Good Luck.

When I filed a motion for temporary access it was dismissed. The ex offer to settle was in a form an agreement to settle the entire matter rather then the specific motion. This offer was sent via email 24 hrs before the motion and I responded that I am willing to work out the access but that I was not agreeable to the entire agreement.( which would have settled the proceedings of course)

I was ordered to pay a ridiculous amount to her even though I made this argument to the judge. Crazy.
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Old 05-14-2014, 09:50 PM
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The rules are clear on how to accept an offer. So are the rules about sending an offer.

All that to say, an email does not suffice. You can't say I agree and not put a signature, etc.

And again, why let all the damn offers expire if you agree!
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Old 05-14-2014, 10:07 PM
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What if you re-offered the same offer and have it expire 5 mins prior to the beginning
Of the motion.

Maybe she will agree. But if she doesn't I don't see how cost won't be ordered.


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Old 05-14-2014, 10:11 PM
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Not really concerned about costs so much. Would really like to go thru with our vacation plans!
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Old 05-14-2014, 10:49 PM
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Well if she agrees with the offer to settle.

Judging by the HC with her, I would still go through with the motion. Get an order.


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