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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 04-27-2012, 03:35 AM
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Default Served with Form 14 Notice of Motion and given no time to respond

On Wed April 25th at 5:30 PM, I was served with Notice of Motion, and Affidavit and Form 35.1. The court will hear the Motion on May 1st, a mere 6 days (4 business days) after being served. The form says that I must serve a response 4 days before the court date and must file it with the court 2 days before the court date. This means that I would have had to serve a response the same day as being served. To serve my response was impossible, and to file my response by today, Friday April 27th is just not doable. I need time to respond to numerous false allegations and the fact that she has chosen to bypass mediation, when it was recommended at a case conference just 1 month ago by the judge.

In addition, I was sent an email from my STBX's lawyer at 3:00 PM April 26 with an offer to settle, giving me a sameday deadline of 4:00 PM April 26, to respond and accept the offer. If I had accepted by the her deadline (I had not read the email until after the deadline) we would both share the court costs, and any acceptance after 4:00 PM, I would have to pay full costs.
At issue is the parenting schedule; my STBX is attempting adjust the schedule and in so doing, significantly reducing my parenting time with my 5 and 6 year old daughters.
Is these tactics typical? acceptable? an abuse of they system, overly aggressive? Any suggestions as to how I should respond?
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Old 04-27-2012, 08:48 AM
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Lawyers usually put in the part about you having to pay for costs if it goes to trial because they want to settle before then. But if they are being unreasonable, you won't have to pay their costs.
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Old 04-27-2012, 09:59 AM
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They have to file an affidavit of service indicating when you were served. By their own admission they will cut their throats.
Call the clerk and get advice on what to do now. It is likely you will have to ask for an extension to postpone the motion.

Talk to FLIC. They can give you advice about what to include in your request. You will have to file an affidavit explaining why you need it changed. This is where you can say that you were only served yesterday, were not given the proper amount of time to respond etc.

As for the offer, you can always counter-offer them after you have submitted your motion to postpone when you serve them their copy. To be smart, propose something that is more fair than what they propose, and offer a bigger time frame just to show that you are not just making an offer to show cooperation, but that you are actually trying to settle. It is obvious from their offer that it is only an offer to say they "made an offer". Show them up by including a letter indicating that their time fram (of one hour from email sent to closing of offer) is insulting and impossible, and that you propose something more reasonable and child-focused.

Good luck. It is obvious the lawyer is contributing to the conflict. Its best if you can ignore their attempts to rile you and stay focused on your kids.
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Old 04-27-2012, 10:13 AM
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Stay focused on the goal. No judge is going to look at any of this as reasonable. It's not a reasonable offer to settle to be given 1 hour to decide. It's not reasonable to be given the absolute last minute to file a response. Get an extension. What they've done is nothing short of abuse.
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Old 04-27-2012, 10:24 AM
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Quote:
Originally Posted by nogoingback View Post
On Wed April 25th at 5:30 PM, I was served with Notice of Motion, and Affidavit and Form 35.1. The court will hear the Motion on May 1st, a mere 6 days (4 business days) after being served. The form says that I must serve a response 4 days before the court date and must file it with the court 2 days before the court date. This means that I would have had to serve a response the same day as being served. To serve my response was impossible, and to file my response by today, Friday April 27th is just not doable. I need time to respond to numerous false allegations and the fact that she has chosen to bypass mediation, when it was recommended at a case conference just 1 month ago by the judge.

In addition, I was sent an email from my STBX's lawyer at 3:00 PM April 26 with an offer to settle, giving me a sameday deadline of 4:00 PM April 26, to respond and accept the offer. If I had accepted by the her deadline (I had not read the email until after the deadline) we would both share the court costs, and any acceptance after 4:00 PM, I would have to pay full costs.
At issue is the parenting schedule; my STBX is attempting adjust the schedule and in so doing, significantly reducing my parenting time with my 5 and 6 year old daughters.
Is these tactics typical? acceptable? an abuse of they system, overly aggressive? Any suggestions as to how I should respond?
Write to the lawyer and ask for adjournment ASAP.
In the same time when you fill out your Confirmation (form 14C) section 2 and 4 and according of the situation. Do not miss deadline of filing confirmation what would be today by 2 pm if I am correct (I always have hard time with thous day counting in family rules). You also can faxed it - just get fax number from court clerk where it should be faxed..

And relax - judge will give you time to respond. Don't be shy and ask as much as you need (reasonable). They just tried to scare you and sign that offer.
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Old 04-27-2012, 10:31 AM
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if its not clear...DON'T TAKE THEIR OFFER!!!

and do what working dad says...he knows!
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Old 04-27-2012, 02:21 PM
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Default It worked

Thanks for the advice. I was requested and was able to get an adjournment for another week. Time to respond to false allegations.
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