Withholding consent... am I cutting my own nose off ?

[plainNamedDad44]

Hi community...

Here is the scenario:

1. STBX is chronically dragging feet on disclosure. (part of their strategy).
2. I motioned to force disclosure.
3. STBX replied to motion claiming courts do not have "jurisdiction" to force disclosure. (BS i firmly believe)
4. The Justice in his endorsement said "ok, so produce a factum containing the law that says I can't". They had to serve and file this factum by past monday.
5. They missed the date, and attempted to serve me with an affidavit (no factum btw, no case law) that says that they have provided everything (they have not).
6. I have refused to consent to late service.

My thoughts:

1. STBX's counsel has been chronically late on many many court dates to the extent that she has been shouted at by Justices and has a bad rep around the courthouse.

2. Even if I gave consent, she would still have to seek (by 14B) consent for late filing.

3. They have been vicious and underhanded every chance they get.

4. Having STBX need to 14B *again* underscores how inept and careless she is to the Justices at the court house. This counts i think for something.


My position:

I know I am being a d*ck with this, but STBX and counsel has put me through hell and back and continue to try. So I am not inclined to give them a micrometer.

That said, am I cutting my nose off to to spite my own face ?

[rockscan]

Theyve been delaying to the point where the court has reprimanded her and counsel? I don’t think you’re being unreasonable. Unless you plan on requesting late disclosure or filing in the future I think you’ve been patient enough. Press on and get this bs wrapped up.

[Asphenaz]

4. The Justice in his endorsement said "ok, so produce a factum containing the law that says I can't". They had to serve and file this factum by past monday.

If you have an endorsement from a judge that it needed to be provided, then it's not you they are messing with it's the judge.

I wish mine had ordered something like that, my EX didn't provide any medical or financial information pre-trial. She only submitted 1 NOA a day into trial once my lawyer requested it before the judge.