Temp. order and case conference.

[kevindell]

Sorry, I have asked a similar question.

I am returning to a case conference where we last signed a temp.order. I am not willing to allow the temp. order(as it stands) to become a permanent order. Will the judge send us out to mediate again or send us to trial?

[Kenny]

Under Family Law Rule (FLR) 17(8)(b.1) a judge can make a final order at a conference, but this is normally used as a preventative measure rather than to bring finality to an issue.

To properly answer your question, what would the final or permanent order be about?

Unless the order is on consent, the courts will likely follow the case, settlement and trial management conferences first, then proceed to trial if necessary before making final or permanent orders.

[kevindell]

Originally Posted by Kenny

To properly answer your question, what would the final or permanent order be about?

Custody. Currently it is set at 50/50 in both residence and decision making. The resident part is good, the decision making on her part... well my child is being used as a pawn. It was a temp. consent order but so many negative things have happened since then for my kid.

[Kenny]

I would be very surprised if any judge would make a permanent order from a Case Conference based on what you said, unless there is some urgent issue that must be addressed before the court process could deal with it properly.

Let's face it, as the concept of the "system" is maximum contact by both parents, your already established 50/50 custody is the target. Again, unless a party raises an issue to actually change a 50/50 custodial order, it will probably stand through the whole process.

What type of negative things? Significant?

As far as your child being used as a pawn, unfortunately it happens, and it is usually about money. Just a note on PAS, to some degree, it unintentionally happens in marriage as well. Kids are smart; they know which parent to ask for certain things. When the kids hear parents discussing why the 10-year-old should get a cell phone or not, they understand who their ally is for some things.

[kevindell]

Originally Posted by Kenny

What type of negative things? Significant?

It has affected my child in school. I have had meetings with school officials. They are worried about the position he has been put in. This is the issue most relevant to the provincial court.

I know "negative things" is very subjective. My problem, which I am having such a hard time dealing with, is that she did things that if I were to pursue them would probably mean jail time for her. That would vindicate me but really screw up my child, not a direction I want to go. A cop friend of mine told me that if I made a formal complaint to the police that she would be investigated for extortion, among other things.

I "think" I am past wanting to go after her for all the money she took from me. What makes it so hard is that she is trying to use the court to take the same money from me again. This is where the issue of it being a provincial court that cannot deal with assets comes into play. She spins all money problems into the "benefit of the child".