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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 11-03-2005, 10:32 PM
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Default what is Case Conference Date ?

I just received a letter from my lawyer that a "Case Conference" date has been set. What is a "Case conferenrance" date ?. Is this when judge decides on financial and support matters ?. Does it usually take more than one "Case Conference" to decide on support and custody issues ?. If ex doesn't do his financial disclouser... how will court decide on financial issues and support ?
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Old 11-03-2005, 11:47 PM
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I've got a very brief write up of what a case conference is at the beginning of this page:
http://www.ottawadivorce.com/served-2.htm

The important thing to remember is that a case conference is mostly procedural in nature. The types of issues that will be dealt with will be setting a procedure for resolving your case, setting out a time table, making orders as to documentary disclosure, making orders regarding the appointment of the Children's Lawyer or a custody assessor and so on. That is, court orders relating to the conduct of your case, rather than orders relating to issues such as custody or child support.

Normally, no decisions will be made regarding substantive issues. One exception to this may be an order for the table amount of child support if there's not much dispute in this regard.

If the issues are simpler or the parties have made some progress in resolving the case, the judge may also give some opinions as to the merits of each party's case, for instance, how much spousal support might be payable.

Some judge's will take the opportunity to make general statements like one of the parties should return to the work force or something like that. As well, they may encourage the parties to settle their case and outline options for out of court resolution.

A lot of the case conference depends on the judge and how busy they are. Some judges treat a case conference as a formality and you'll be done in 5 to 10 minutes and not much will happen.

Others judges take the case conference very seriously and will try hard to make progress.

In some cases, because of the issues, you can't really make any progress. For instance, if the main issue is whether the children should be permitted to move away with one parent or stay in the same city and the case is just starting, there's not too much a judge can contribute at a case conference in terms of resolving the issue.

And sometimes the judge's dockets for that day are so crowded that even if the judge wants to make progress with the case, there just isn't time to get far.
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Old 11-07-2005, 01:07 PM
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I know you addressed this alread with your reply - but I was wondering what else they can make a decision on... more specifically, I have a case conference for jan x, 2006 - can a judge give a temporary order of custody and access until the trial date? If my x won't allow overnights until a judge tells her otherwise (since the my move of residence) will a case conference change this?
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Old 11-07-2005, 10:52 PM
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Its hard to say what a judge will order at a case conference. I would think that an issue of custody in the interim may be set down for a motion. Both parties would have to submit sworn statements through affidavits. A case conference brief is not sworn but a somewhat outline of the facts or a propossed resolution to the issues.

If things aren't settled they may set the motion date or a further settlement conference or both. You can't have a motion unless you have a case conference first.

The courts would not really see overnight access as an emergency if your still having some form of access. The process is slow. Is your case conference a first appearance? If so, you might meet with the register first to determine the issues and to verify that all the paperwork is in place. If everything is a go, the case conference will be held most likely that afternoon. The Judge may order the involvement of the children's lawyer if requested by either party before the motion date.
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