Ordered Settlement Conference Not Happening - now what ? motion for contempt ?

[plainNamedDad44]

Good Morning Community.....

A settlement conference had been ordered (on consent) for April 15th. This S/C was at the request of STBX's counsel adjourned (on consent) as they were ordered to court on a different criminal matter.

STBX's counsel has yet to reschedule the motion, despite repeated requests to do so. Its going on a month now. Both the OCL and I have provided replacement dates and still nothing, I have threatened a motion for contempt, as well as an LSUC complaint and still no response.

So what now ? Do I proceed with motioning for contempt ? Put together an LSUC complaint ?

Judging by how remiss this lawyer is in her dealings its clear she's either way to busy, or simply not giving the matter any attention.

As usual, thanks in advance for your help.

PND

[rockscan]

Or she could be following your exs instructions to stall. Does she not realize that she will have to pay arrears? (Rhetorical question!)

Sorry I have no advice. Im hoping the flip side of this coin is that the kids are thriving in your care and aside from all this bs that you guys are all a big happy family!

[plainNamedDad44]

Thanks RS, its busy as sh*t, but the kids I think are thriving. S14 studying right now for Gauss math contest, we are busy tending to our garden seedlings and getting ready to go camping.

All the best.

[plainNamedDad44]

Or she could be following your exs instructions to stall. Does she not realize that she will have to pay arrears? (Rhetorical question!)

Sorry I have no advice. Im hoping the flip side of this coin is that the kids are thriving in your care and aside from all this bs that you guys are all a big happy family!

Hi, yes... we're doing well. I am helping S14 prepare for the Gauss math contest (he was one of 3 selected from his class) right now. We've just planted our garden seedlings and are planning our camping trip.

Just wish we could put the divorce behind us .

[Links17]

I love your story, so happy for you.

[plainNamedDad44]

I love your story, so happy for you.

Thanks Link17. Anyone in the community have any idea regarding my intial inquiry ? I am inches away from pulling the trigger on a motion for contempt as she won't schedule the settlement conference which has been ordered.


Can I schedule ?


PND

[Tayken]

Thanks Link17. Anyone in the community have any idea regarding my intial inquiry ? I am inches away from pulling the trigger on a motion for contempt as she won't schedule the settlement conference which has been ordered.


Can I schedule ?


PND

I wouldn't recommend it. Think about it for a second. You are going to file a motion of contempt (quasi criminal proceeding) over the booking of a settlement conference?! Do you even understand the purpose of a motion for contempt.

First off, it is a mediated conference and nothing can be ordered. So you want to have an order enforced to contempt to go to a mediated solution where nothing substantial cannot be ordered without both party's consent.

You can waste your time and book a settlement conference to attend and find out the other party is just wasting time. Or you can simply file a motion to get ordered what you were trying to settle. I would not bother with the contempt nonsense.

You can also call up and book the conference. Nothing stopping you.

Good Luck!
Tayken

[plainNamedDad44]

I wouldn't recommend it. Think about it for a second. You are going to file a motion of contempt (quasi criminal proceeding) over the booking of a settlement conference?! Do you even understand the purpose of a motion for contempt.

First off, it is a mediated conference and nothing can be ordered. So you want to have an order enforced to contempt to go to a mediated solution where nothing substantial cannot be ordered without both party's consent.

You can waste your time and book a settlement conference to attend and find out the other party is just wasting time. Or you can simply file a motion to get ordered what you were trying to settle. I would not bother with the contempt nonsense.

You can also call up and book the conference. Nothing stopping you.

Good Luck!
Tayken

Tayken, thanks so much. I just want to get on with things and move towards a conclusion. I understand that a settlement conference must be concluded before moving closer to a trial, where I finally hope to get a final order regarding my children, and finally get to dividing marital assets. STBX has to equalize me for a substantive amount.

PND

[arabian]

I'd pepper the law firm with faxes, emails and daily phone calls (requesting confirmation) for a week after you have set the date. IF your work doesn't allow you to do this then perhaps get a friend who will make the friendly, but persistent, call for you as your representative.

Act like a collection agency.

Then if you get no response (in 3 weeks) take off the gloves and file a motion. You will go to court armed with evidence of your attempts to resolve the matter of simply attempting to set a settlement conference date with absolutely no cooperation from opposing counsel. Keep track of your time to do this and request costs.


I'm really busy at work this week but I could probably make some time later in the week. PM me the particulars (date of conference, when, where along with date you require for confirmation) and I would be pleased to assist you. I can be a real pain in the ass (professional though).