Starting new proceedings while the initial trial is not over yet.

[CycleDad]

Hi All,

Does anyone have any comments on this situation.

I'm still in trial regarding finacials but setlled with a final order on Parenting plan. a year ago.

Since the final order of the Parenting plan there have been some major changes and the final order needs to be changed. Things are getting worst and wost almost daily.

Is it possible or wise to start a motion to change (long motion) while the trial is not finished. I also want to bring forward a contemp motion.
I'm self representing.


Your thoughts?
thanks,
CD

[hadenough]

Your description of the situation you are in is far too VAGUE for anyone to offer up any useful advice. Which issues ARE settled? I think what you're saying is you are still in the process of litigation with regards to Financial Issues. As well, you want changes made to the Custody (?!) Issue that you say was settled on a year ago. Was that a Trial or was it settled upon before Trial? If you are going to self-represent, you will need to polish up your interpretation of the process in which you are involved.

[staysingle]

A couple of questions
1) what is holding up the financials? e.g. pension equalization, business year ends etc

2) What are the salient issues causing your position with the parenting plan to shift?

[CycleDad]

Hi there,
Thanks for your reply.
I'll try to answer as best as I can. I don't feel confortable being very specific about my situation.

This issues that are settled are: Custody, access and there is a final order on these issues settled before the trial started.

Not Settled and at the trial is equalization, retroactive S7 expensese and child support. Nothing is holding up the finacials anymore other than the trial judge's scedule.

The contemp has to do with Access. The motion for change has to do with access as well.

I'm going to have to look up salient, sorry.

CD

[CycleDad]

Any thoughts?
Anyone been in the position of dealing with con-current proceedings?

[hadenough]

I don't envy at all that you are self representing. It's so difficult. I did it for awhile but couldn't handle it. I've had "parallel" proceedings but in 2 separate courts (also not fun). I think you should go and get some time w/duty counsel and see what your next steps might be.

[CycleDad]

Thanks for the comments and advice.

I hear you but I self represent out of necessity. Basically scared shitless but I have to do it anyway. Duty council is only available on court day where I'm from and the FLIC office is difficult to get to and wait the required 1-2 hours on my schedule.

[hadenough]

It is very daunting and a lot of ppl are forced to self represent. Can you search CanLii and see if there's anything on there? How are you making out w/getting info off the internet with regards to your issues? Also, have you considered making a formal offer to settle? If deemed reasonable, even if she doesn't go for it - this can help you out a lot in the long run as it will be clear to the Judge that you did attempt to avoid trial etc. I f*kn hate the Courts. So many ppl's lives get ruined from all the bs. Can you try and meet w/a lawyer for at least half hour and get some advice? Legal aid- anything? I've been to Chapters searching out legal books. They have a pretty lame selection. They do have Canadian Family Law, 9th edition last time I checked. By now, it's likely on a 10th edition. A trip to Chapter's might help. I don't know - in my experience I've found that the courts deal w/one thing at a time, and very slowly. Unless there's an urgent motion before them, they are pretty useless. If you can't go get a half hour to an hour w/a lawyer you need to go and research everything you possibly can. Also, not sure if it would apply to your situation but again I say - look up the info on Formal Offers to Settle. It might save you a lot of time and aggravation. Good Luck

[CycleDad]

CanLi has nothing regarding con-current proceedings. Regarding what the motions are about I have no doubts there. It is clear what I have to do but do I wait a month for the trial to be over or do it now. The trial should have finished in November...It's Febuary now.

The STBX is not at all flexible I have a very reasonable offer on the table that she won't look at. Sometime I wonder if her lawyer is milking her for as much as possible.


CD