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What happens if only one 'side' shows up for a case conference? My common law husbands ex still has yet to go to her lawyer..we've had no follow up and we know her lawyer has contacted her in order to arrange a meeting..but she has yet to call back. I'm wondering what happens if we schedule a case conference and she doesn't show..? The issues at hand are custody ( she is asking for sole, we asked for joint) and support both CS and SS..
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What happens if only one 'side' shows up for a case conference?
Hi jlalex,
Form my personal experience jlalex, I was unable to attend a settlement conference because of a medical appointment. I notified the court and other party, however the judge who presided skipped the settlement conference because of my non-attendance and scheduled the next step a Trial Management Conference. The following is the procedure for Ontario:
PARTIES TO CONFIRM ATTENDANCE
(14) Not later than 2 p.m. two days before the date scheduled for the conference, each party shall file a confirmation (Form 14C). O. Reg. 114/99, r. 17 (14); O. Reg. 202/01, s. 5 (6).
If the other party does not show:
The Judge may: Order your Costs to be paid by the other party
may also make an Order in the case if Notice has been given
Hope this helps, and good luck
Mcbroke -
Thanks McBroke...
We are trying to figure out our options here on how to proceed. She refuses to speak with her lawyer ( not sure why?!?) and we dread the idea of this being dragged out any longer than it has to....
Thanks again!
jlalexComment
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Maybe this would work...
jlalex,
I tried to get attention from my ex so that communication could be established, by sending the other party a Request to Admit ( read up on this) Form 22. I found that at the very least it establishes facts that can shorten the process if in fact it does go to Trial. But in your situation I think it might spark some form of communication and establish facts in the case. It's a useful tool but don't abuse it. Please be patient though, it is an emotional rollercoaster for every party involved. Remember your lawyer and judges are there essentially to provide a distant legal objective viewpoint and your Attorney is only as good as the information that you provide . The procedure is one of hurry up and wait. I believe that time heals and allows objectivity( as the emotional scars heal) and some elasticity to enter into negotiations especially where children are involved. Don't get frustrated, that is why this forum is as great as it is, there are people who have walked your path before.
Try this as well, put down on a blank sheet of paper what they want (place on left side of desk), put down on a blank sheet of paper what you want ( right side of desk). Put down on a blank sheet of paper the half way point ( middle of the desk). Is this acceptable? If not, you need evidence to vary, the burden lays now on you to shift towards your stance.
I hope this helps, and niot confuses, back tomy own case TTFN
Take care
Mcbroke.Comment
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