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Case conference - what happens next?

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  • #16
    Nice, (thumbs down sign). Family law certainly needs an overhaul. Which will never happen.

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    • #17
      Are the Applicant or the Respondent? The Applicant has to give their brief to the Respondent a few days before the Respondent has to submit their brief to the court.

      What I did, and I highly recommend it, is consult with a lawyer as to the content, and format of the brief. Write up your brief in advance, figure out your deadline to submit it to the court, and, if you're the Respondent, wait to get the Applicant's brief and amend your's if necessary.

      Note that the lawyer isn't representing you, you're simply paying them for some advice.

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      • #18
        My partner is the respondent. Hes retained a lawyer because he cannot self rep. Hes too emotional and the years of emotional abuse during the marriage affect his ability to focus. He is currently waiting on document disclosure to draft an offer to settle. If she refuses then she will need to file a motion to move this to a judge. The dispute resolution step is total bs.

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        • #19
          Got another interesting situation to add to the ongoing bs of this case.

          Still no updated filing from the ex. Its been 3 months since the DRC. Yesterday he found out kid is not taking a full course load in high school. This would mean an extra year of hs and then an extra year of university meaning two extra years of child support she would not be entitled to if she was making the kids go to school full time.

          Is it worth asking the ex about the course load? In the sense of “is there a reason why kid is not enrolled full time?” Ex has refused to share any medical or educational info with my partner claiming kid doesnt want him to know. Kid is under 18 though.

          Thoughts?

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          • #20
            If the father has custody, than he can call school
            and ask questions. As for medical info, nothing can be done
            because to access it, he will need child's consent

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            • #21
              Im bumping this with another question about timelines.

              Ex filed the original application early last year. There was a dispute conference that achieved nothing. She provided limited disclosure six months later. Now we are coming up on the year anniversary of her filing an she hasnt moved it forward (she has to file for a case conference) meanwhile support arrears are adding up because she refuses to update cs based on income.

              (My partner is being proactive and putting the extra money away)

              Is there a limitation on how long the wait goes? Does her motion get thrown out for lack of action? I ask because then he can simply file a motion to update.

              There are so many issues on this...I have a feeling she is waiting because kid is in last year of school and probably won’t complete the program requiring an additional year (which is in addition to the already additional year in their agreement) and kid 2 wont be attending school next year but ex still wants cs. I am convinced the cc will be a shit show when it finally happens. We can only hope his lawyer is aggressive enough and the judge knows their stuff.

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