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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 03-07-2012, 08:43 PM
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My papers were filed in court two weeks ago and my ex was served today. We have a date in about a months time to discuss custody. I have the kids with me now and they have supervised visits with their dad. At this hearing is a temp custody order usually given? I will have a mtg with my lawyer once he has filed his response, and before the hearing. Just wondering how things play out next.

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Old 03-07-2012, 09:23 PM
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Be prepared for at least a year before things actually start moving with any meaning. What is your ex asking for? Unsupervised? or Custody?
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Old 03-08-2012, 01:04 AM
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I am not sure yet as due to some issues from the day I left he is not allowed to communicate with me. :/
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Old 03-08-2012, 09:12 AM
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The first appearance is usually not even in front of a judge, just a clerk making sure all the paperwork is in order. If all is well, the first case conference with a judge will be booked at that point...

Case conferences are merely to encourage communication, negotiation and settling out of court. If any orders come from them, they will be consent orders where both parties are in agreement on the order.

I would not put too much expectation on case conferences to resolve anything...
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Old 03-08-2012, 09:28 AM
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I just talked to my lawyer and she explained a few things. My biggest issue is an interim custody order and she said we would get that. I feel better! Thanks!
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Old 03-08-2012, 10:37 AM
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Yes, you could get it on a motion, but not as part of the case conference.
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Old 03-08-2012, 12:51 PM
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Do you already have a court Order or agreement that he is to have supervised? You don't have any clue as to what your ex would be asking for? I would assume that he will be asking for custody. You cannot get interim substantive orders at a case conference (well sometimes but very rare). It usually has to come by way of motion.
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Old 03-08-2012, 03:13 PM
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What are the reasons for supervision? I think it would depend on the severity whether some interim custody was decided. I'm really not an expert but that's just what I've been told
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