Your Experience - Case Conference

[ikikass70]

Hi All,

First Case Conference, first court apperance is tomorrow.

(I've edited my original post so that my questions aren't lost due to too much information)

* Both parties have AGREED for orders to be made by the court

In your experience:
1. Was the judge prepared (IE - did he/she read the cc briefs prior)?
2. How long did he/she spend on your case?
3. Did he/she ask a lot of questions?
4. Can the judge make orders if you both DON'T agree at this stage?
5. If you both DO agree, can they make non-procedural orders?
6. Can either party submit ANYTHING (evidence, case law) that wasn't included in the cc brief or Application?
7. What is best practice in delivering your case to the judge? Shold you refer to all of the facts and evidence within the cc brief?

Thanks for sharing your experiences!

[paris]

It's my understanding that if the parents show that they can't agree on issues regarding the children, then the judge will not grant joint custody.

[FL_Needs_To_Change]

Generally speaking, the case conference is the first court appearance before a judge. It is relatively informal, although a special summary of the case called a case conference brief must be prepared, served and filed with the court.
The judge may make recommendations at the Conference as to potential settlement. He or she may also make an order requiring disclosure of documents if either one of you has not yet completed disclosing all documents such as tax returns, bank statement and the like. Finally, the Case Conference judge can make consent orders if you and your spouse come to an agreement about part or all of the file.

answers
1) in my case, the judge only read the forms/documents submitted for the conferaece, nothing in the continuing record even though it was requested.
2) 30 minutes each party
3) not likely, but may offer recommendations
4) Not particularly, judge came in with her own view before either party said a word. So there were alot of recommondations, very few questions
5) all issues that the parties can agree on are put into a consent order
6) not at this time
7) not sure how to answer this. Since the judge has already read both submissions, and I would expect all supporting documents as well.

[dad4life]

At my case conference which was held in Oshawa Ontario:


I did'nt appear in front of the judge.
Basically both lawyers met first and then my lawyer came back out to speak to me and then went to see the judge with the opposing lawyer.

The judges order contained the following:
1. Child support be paid through FRO
2. Disclosure be given in 45 days
3. Agreement to sell the matrimonial home.

Finally a date was set for the Settlement conference

[About_Time]

My case conference wasn't much to write home about. My lawyer, her lawyer and my son's bio-dad's lawyer went in to see the judge while we waited outside. They came back out and got us and we went before the judge. The judge laid out what he thought might happen re: CS if the matter went to court and that was it. Nothing was decided and issues of custody, access, spousal, equalization - all of it wasn't even addressed. No orders, no settlement conference date set.

[Kimberley]

For my new case, my case conference was useless really, my ex waited until the last moment to get a lawyer, so all that happened was an adjournment for 2 weeks. The week after the case conference I filed a motion to be heard on the same day as the 2nd court case along with the affidavit and exhibits, and on the 2nd court date I was able to get an interim order for the custody along with child support.
It took 110 days before they provided financial disclosure since the date of being served at the start, and after the 3rd court appearance we're going to a settlement conference next week. Not sure what to expect there at all, but I will be requesting for any matters they are not willing to settle to be put on the trial list.

[dovan]

There is suppose to be a fast track to the family court system, keeping in mind that you do not have one party playing games and dragging things out to raise the other parties costs up. That is what usually holds things up and takes so long are the games one plays in court, all the lawyers know them all.

[tugofwar]

It's my understanding that if the parents show that they can't agree on issues regarding the children, then the judge will not grant joint custody.

Ok so ex wants shared custody ( for the wrong reasons) says we should be civil, get along but anytime I try to discuss things he blows up.... I dont understand. I thought he would want to show that he's trying instead of the total opposite. What is he trying to gain by trying to sabotage our relationship in regards to our child.
I don't get it?

[enoughalready]

In your experience:
1. Was the judge prepared (IE - did he/she read the cc briefs prior)?
2. How long did he/she spend on your case?
3. Did he/she ask a lot of questions?
4. Can the judge make orders if you both DON'T agree at this stage?
5. If you both DO agree, can they make non-procedural orders?
6. Can either party submit ANYTHING (evidence, case law) that wasn't included in the cc brief or Application?
7. What is best practice in delivering your case to the judge? Shold you refer to all of the facts and evidence within the cc brief

1. Not at all don't think he even read it.
2. 20min
3. No
4. No they can't
5.Yes they can
6. No they also need to ask the other party for permission to have other parties sit in the conf.
7 I think it should be gone through line by line to be fair to both parties alot of the information gets missed and could be solved in the conference. Now it has to go to trial.