Case Conference on a Motion to Change

[SNAFU]

Hey everyone,

I've been through a few CC's but the one that I have coming up involves many issues and will proceed to a Motion.

I was wondering how much "evidence" I should include in my brief? I have emails, can get affidavits etc. Do I include those?

I know that, at the CC, the Judge doesn't normally make an Order on any substative issues. When would I be able to bring forward my "evidence". Do I do that before the Motion date and on filing my Form 14B (Motion Form)? How much should I "let out of the bag" at the CC?

Thanks in advance,

[FL_Needs_To_Change]

Correct me if I am wrong, but my understanding is that you can wait and provide supporting documentation at the motion, provided you have prepared a case conference brief. Wherein you would make reference to these various forms of documentations or affidavits, but that it is not necessary to include them.

. A site outlining procedure,
http://www.familylawtoronto.ca/legal_procedure.html

[mominont]

I was in court today for a CC before a motion, I was the responding party. All evidence from both sides was included. The judge in my case did make an order for me to have all the documents I want disclosed, the other party has 60 days to produce those records ( mainly medical reports)

In my case it will not be proceeding to a motion as the judge didn't believe the other side showed there was a material change of circumstance and the other side didn't show enough new evidence.

mominont

[SNAFU]

I was in court today for a CC before a motion, I was the responding party. All evidence from both sides was included. The judge in my case did make an order for me to have all the documents I want disclosed, the other party has 60 days to produce those records ( mainly medical reports)

In my case it will not be proceeding to a motion as the judge didn't believe the other side showed there was a material change of circumstance and the other side didn't show enough new evidence.

mominont

OK ... now I'm a little confused. So you are saying that the CC Judge can determine which issues proceed to Motion and which don't? That would be good and is also a very good reason to include documentation. I believe that she has zero chance on the four issues that she wants to "litigate" and I believe that I can show how ridiculous she is being through documentation and the CC Judge's knowledge of the law.

Now I'm back to thinking that I should include my documentation. Thoughts?

[mominont]

I have a lawyer representing me, so we decided to include all the documention. From my side I just included the OCL report and previous final custody agreement.

I was not the "moving party" so the burden of proof was with the other side and they presented their evidence (new psych eval) however the judge felt that there was nothing "new" meaning he still has problems and refusing treatment.

The judge did give an order for all medical records, etc to be produced within 60 days. I previously haven't seen those records though I know they exist ( I lived it) and we weren't on a "wild goose chase". The other side went on to discuss privacy issues, but the judge is ordering it to be produced as our childs safety is more important than his right to privacy.

I don't know what your particular issues are but in my case it was best to provide the documention. which we did. Only you can decide what is best for your scenario.

[SNAFU]

Thanks. That helps alot and I think I'll go ahead and put it all in. I have it all so it should be easy. Thanks again.

[representingself]

Ok, so I have a similar situation. I have a case conference coming up, and have yet to file the "brief".

In my original Motion to vary, I attached my affidavit outlining the brief history of our situation.

I did not make any direct references to "exhibits" or supporting documentation; however, I have a few key pieces of evidence that I believe will prove my case entirely.

The other side doesn't know I have this stuff.

When do you bring forward this type of stuff.... I am assuming after the case conference, but before a Motion hearing???

Am I correct?

Thank You

[SNAFU]

You can keep it until you put your Motion Affidavit in. When I went to the Case Conference the Master didn't really care about what was written. He gave his useless opinion which didn't amount to squat. The other side was high-fiving her husband when we left. When we went to the Motion everything went my way ...