Announcement

Collapse
No announcement yet.

First case conference this week

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • First case conference this week

    Hi everyone,

    While I'm not a frequent poster, I do read quite a few of the posts and find that there is such an incredible range of situations that people here are dealing with. I often gain good general info, and a general sense of what to expect / how to proceed. That said, I just wanted to post an update - following up on my first post in January, which contains all the relevant background (http://www.ottawadivorce.com/forum/f...st-post-11095/).

    The first court date went smoothly, and my partner had his case conference brief ready to go that day, well before the 7 day deadline. Her deadline for submitting her brief was last Friday, which came and went with nothing. He followed up with an email to her on Saturday asking if she had filed the documents with the court and/or sent a copy to him, and offered to discuss options for settling in advance of the case conference. No response - until today, when he received a call from her new lawyer (she was previously self represented) who offered to send a copy of her case conference brief via email as a "courtesy".

    Anyway, that's the current situation. I think he's as prepared as possible, given that he can't afford a lawyer. Any tips or advice on things judges may want to hear at a first case conference? He has a well written case conference brief which addresses all of her issues, and is going to bring some photos of our place and the kids bedroom that we have prepared, to show that we have a wonderful home waiting for them.

    As well, given that he hasn't seen his kids in almost a year, what do you think the likelihood is that a judge will issue a temporary order allowing him access? I'm not sure if they generally issue these at a case conference or not...

    Thanks for your thoughts!
    A.

  • #2
    Temporary Order will only be granted if it is on consent from both sides. Thats how it works at conference.

    Basically you are still very early in the process. Conference Briefs are disposable in that they don't end up in the continuing record. This means they are thrown out afterwards.

    I would accept his courtesy so that you may read over the contents and therefore be prepared for any questions/concerns that may come up before the Judge.

    It is a very long process. Be patient, and be aware that Conferences are held on a 'without prejudice' basis in hopes of encouraging settlement.

    Seeing as denial of access seems to be occuring, you may file a motion afterwards to deal with the issue of access. If it were me, and it had been a year, I would have my motion ready and hand it to the other sides counsel the moment the Judge concludes the conference.

    Comment


    • #3
      Thanks for your response! Yes, from reading posts on this forum, it's clear that it can be an incredibly long process when either a) there are substantive issues, or b) one or both parties are incredibly stubborn. In my partner's situation, it's definitely b...

      A follow up on your suggestion to file a motion - this case conference is being held in response to a motion that he filed in January to change the existing custody / access order to include clearly described terms of access instead of "reasonable access". Is this the kind of motion that you are referring to, or is there another motion that he can file for more immediate action?

      Thanks,
      A.

      Comment


      • #4
        I'm not sure, as I don't really understand what you mean about a previous motion. Typically, motions cannot be heard before the first case conference. Unless it is an 'emergency' motion.

        I have no idea how a conference would be scheduled in response to a motion. Case conferences are the standard procedure, and as far as I am aware have nothing to do with motions.

        Family Law Rules Forms — Ontario Court Services

        You would want to use form 14 and 14A for your motion. You must also file a form 6B at the court. These forms can be found through the link above.

        Oh - actually... maybe you are referring to the fact that he started a 'Motion to Change'? You already have a final order you are looking to change? Then that would make sense.
        Last edited by wretchedotis; 03-06-2012, 12:59 PM.

        Comment


        • #5
          Hi again,

          Yes, he has a final order that gives him "reasonable access", a phrase which she has interpreted "no access". He filed a motion to change in Jan 2012, and this is the first case conference in that case. Sorry for being unclear!

          A.

          Comment


          • #6
            What you need to change a final access/support order is Motion To Change. It's Form 15. You also have to fill in Change Information Form. He can either agree on consent or if not a case conference will be made where the file will be opened again. At that point you can then motion the court. If you go the to the Law Information Centre at the courthouse, they'll give you a package that will start you off.

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X