Announcement

Collapse
No announcement yet.

Common As Dirt - Another Case Record

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    The KEY is being settled....the other KEY is living close...The sad part about the PROCESS is it expects the separated parent to build up what 2 parents did over years!

    IF you live close it offsets the "parenting plan" because any school or childs activity they have with ex you'll do....no change

    It's also least disruptive to kids for drive/pickups

    Nothing wrong with being a self rep it'll save money for renting a house or 3 bedroom condo near your kids. Try not to lose the shared custody or split custody.

    If you give in too sole custody...it's never going to change and if she hates you your kids are never going to visit family in the States without a major Court battle

    keep chatting through the CC agree to nothing but 50-50 and postion yourself well the process drags on to PROVE 50-50 is absolutely 100 percent do-able and get somebody to to watch kids (just like your ex) to watch the kids when you go to work.

    there's gonna be a snow storm of people telling you to give up...ignore them

    Comment


    • #32
      Originally posted by MrToronto View Post
      The KEY is being settled....the other KEY is living close...The sad part about the PROCESS is it expects the separated parent to build up what 2 parents did over years!

      IF you live close it offsets the "parenting plan" because any school or childs activity they have with ex you'll do....no change

      It's also least disruptive to kids for drive/pickups

      Nothing wrong with being a self rep it'll save money for renting a house or 3 bedroom condo near your kids. Try not to lose the shared custody or split custody.

      If you give in too sole custody...it's never going to change and if she hates you your kids are never going to visit family in the States without a major Court battle

      keep chatting through the CC agree to nothing but 50-50 and postion yourself well the process drags on to PROVE 50-50 is absolutely 100 percent do-able and get somebody to to watch kids (just like your ex) to watch the kids when you go to work.

      there's gonna be a snow storm of people telling you to give up...ignore them
      It sounds like I'm on the right track. I've been renting a half of a house since the separation, and am gainfully employed / settled in the area. The children live approximately 30 minutes from me presently, but it's not too difficult to work around.

      So the case conference is basically a documented informal conversation between parties?

      Comment


      • #33
        The judge will put strong pressure on either party telling them how they would rule if this was a trial, based on the incomplete information they have. They will warn either party if their position is unreasonable and that proceeding to a trial will be costly for the loser - so you should listen to their advice. It is often quite intimidating and many times parties will concede immediately or leave the room to negotiate in private.

        The judge will also put enormous pressure on either party to make any possible agreements before them on consent right now.

        Otherwise, they may make procedural orders, such as ordering either party to produce more documentation, update their financial statements and such.

        Although technically the judge can't force you to agree or sign anything during a conference, it rarely feels that way.

        For some matters that are extremely contested or complicated, the CC judge's incomplete information and knowledge may make their recommendations completely wrong because only a full trial would allow a judge to understand the whole picture. But usually there is a lot to learn during the CC.

        After the CC, you will have to determine the next step. Is it a proper settlement conference with another judge? Are there motions to be addressed? Do we need to schedule a trial? Do we need more case conferences to deal with procedural pre-trial issues?

        Comment


        • #34
          Originally posted by FightingForFamily View Post
          The judge will put strong pressure on either party telling them how they would rule if this was a trial, based on the incomplete information they have. They will warn either party if their position is unreasonable and that proceeding to a trial will be costly for the loser - so you should listen to their advice. It is often quite intimidating and many times parties will concede immediately or leave the room to negotiate in private.

          The judge will also put enormous pressure on either party to make any possible agreements before them on consent right now.

          Otherwise, they may make procedural orders, such as ordering either party to produce more documentation, update their financial statements and such.

          Although technically the judge can't force you to agree or sign anything during a conference, it rarely feels that way.

          For some matters that are extremely contested or complicated, the CC judge's incomplete information and knowledge may make their recommendations completely wrong because only a full trial would allow a judge to understand the whole picture. But usually there is a lot to learn during the CC.

          After the CC, you will have to determine the next step. Is it a proper settlement conference with another judge? Are there motions to be addressed? Do we need to schedule a trial? Do we need more case conferences to deal with procedural pre-trial issues?
          This is the initial case conference, and from what you're saying it will be an introduction to the process more than anything. I haven't brought any motions, as they would have to be EM's for which there is no urgency.

          As for any evidence I have in support of my case (emails)....can this be shown during the CC, or must it be filed prior to the conference?

          Comment


          • #35
            Originally posted by ninehundredt View Post
            This is the initial case conference, and from what you're saying it will be an introduction to the process more than anything. I haven't brought any motions, as they would have to be EM's for which there is no urgency.

            As for any evidence I have in support of my case (emails)....can this be shown during the CC, or must it be filed prior to the conference?
            There is no point in showing anything during a conference. A conference is not to prove anything it's to settle.

            Most are a complete waste of time. The only thing good in mine was I got consent to take my kids on a cruise. We were doing an in home separation so things were different for me.

            Comment


            • #36
              Originally posted by ninehundredt View Post
              This is the initial case conference, and from what you're saying it will be an introduction to the process more than anything. I haven't brought any motions, as they would have to be EM's for which there is no urgency.

              As for any evidence I have in support of my case (emails)....can this be shown during the CC, or must it be filed prior to the conference?
              If she is denying you access at all to the kids an emergency motion will have to be filled to get temporary schedule put in place until the final order is made.

              Maybe others can give advise on how to file this motion and when since your application has already reached the conference. It might be a good idea to get police enforcement if needed if she won't give up the kids to you.

              Comment


              • #37
                Originally posted by FB_ View Post
                There is no point in showing anything during a conference. A conference is not to prove anything it's to settle.

                Most are a complete waste of time. The only thing good in mine was I got consent to take my kids on a cruise. We were doing an in home separation so things were different for me.
                I've been advised by a lawyer that I may file a notice of motion on the day of the initial conference seeking access / visitation. The other party is presently not allowing me to see the kids unless they feel accommodating at that time.

                Comment


                • #38
                  Originally posted by ninehundredt View Post
                  I've been advised by a lawyer that I may file a notice of motion on the day of the initial conference seeking access / visitation. The other party is presently not allowing me to see the kids unless they feel accommodating at that time.
                  Agreed. I was able to do the same. I needed a long motion. The next available date was 6 months away.

                  Comment


                  • #39
                    Originally posted by FB_ View Post
                    Agreed. I was able to do the same. I needed a long motion. The next available date was 6 months away.
                    So you went 6 months without seeing your kids? That's crazy! Did you file an emergency long motion? What happened at the end FB, did the judge go against status quo and decide on 50/50 shared or EOW screw job?

                    Comment


                    • #40
                      Originally posted by Canadaguy View Post
                      So you went 6 months without seeing your kids? That's crazy! Did you file an emergency long motion? What happened at the end FB, did the judge go against status quo and decide on 50/50 shared or EOW screw job?
                      As I said my situation was much different. I was going through an in home separation where we were each doing 50/50.

                      My point was court dates don't just appear. They need to be scheduled. It could take 1-2 months to get a short motion in front of a judge.

                      I have first hand knowledge of someone having to wait 9 months before they saw their kids.

                      Comment


                      • #41
                        Originally posted by ninehundredt View Post
                        This is the initial case conference, and from what you're saying it will be an introduction to the process more than anything. I haven't brought any motions, as they would have to be EM's for which there is no urgency.

                        As for any evidence I have in support of my case (emails)....can this be shown during the CC, or must it be filed prior to the conference?
                        At a case conference the justice will look at your conference brief (which is not part of the continuing record and thrown away after the conference) and maybe one or two other things (application, answer and reply) and give you their opinion on the positions of both parties based on what they see in this very limited paperwork.

                        Evidence will not be introduced and no one will be allowed to testify. You are correct this is just the first step in the process and not much will happen aside from making sure everyone's paperwork is in order, can the case be settled easily (or parts of it), and what should the next step be.

                        Comment


                        • #42
                          Originally posted by FightingForFamily View Post
                          At a case conference the justice will look at your conference brief (which is not part of the continuing record and thrown away after the conference) and maybe one or two other things (application, answer and reply) and give you their opinion on the positions of both parties based on what they see in this very limited paperwork.

                          Evidence will not be introduced and no one will be allowed to testify. You are correct this is just the first step in the process and not much will happen aside from making sure everyone's paperwork is in order, can the case be settled easily (or parts of it), and what should the next step be.
                          Fantastic. So regarding this 'conference brief' you mentioned....where does this document come from? Is it a court prepared summary based off of the application and responses of each party?

                          Comment


                          • #43
                            Originally posted by ninehundredt View Post
                            Fantastic. So regarding this 'conference brief' you mentioned....where does this document come from? Is it a court prepared summary based off of the application and responses of each party?
                            It is something you have to write and submit.

                            I will PM you an example.

                            Comment


                            • #44
                              Originally posted by FB_ View Post
                              It is something you have to write and submit.

                              I will PM you an example.
                              Awesome. Was I supposed to submit this beforehand, or can I submit it the morning before the conference?

                              Comment


                              • #45
                                Originally posted by ninehundredt View Post
                                Awesome. Was I supposed to submit this beforehand, or can I submit it the morning before the conference?
                                How to Prepare for a Case Conference in the Superior Court of Justice | The Law Society of Upper Canada

                                EDIT: My Lawyer attached all our "offers to settle" to our case conference brief.

                                You should send two if you have not already done so. The first on a temporary basis to allow you to see kid(s) and the second to settle things on a final basis.
                                Last edited by FB_; 04-29-2014, 03:52 PM.

                                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