delay

[gumby]

My exe's lawyer wants an adjournment.
I am inclined to say no. They are trying to establish status quo and I am being denied access to do this. They are also trying other things to improve their case which are time - dependent.
My lawyer knows all this and still says she would like to agree. I don't get it. How is this going to help me? I asked for an emergency motion to deal with this which she would not do. Now I am having to wait even longer. what is to stop them from delaying even more? This is a first appearance.

[logicalvelocity]

Without knowing your issues, Nothing wrong with agreeing to a without prejudice adjournment if the concern is established Status Quo. If anything, the consent adjournment, demonstrates co-operation as parent's - I think I would secure date for next appearance before agreeing and in writing.

[dinkyface]

The danger is if they can show good reason for the delay, then you can be shown as unreasonable - which might also cause you to get saddled with costs for the 'wasted' court date.

Did they give a reason?

[gumby]

I have not seen this letter - I guess I should ask for it.
Like I said, I'm being denied access (at his lawyer's recommendation I might add) for no reason, he just started this a few weeks ago to establish status quo (he told me this!) as he was not too interested up til then. And what's to stop them doing this again?
You are right I should ask for a date in writing. Being too nice has got me in the mess I am in now. Not too mention the fact I am broke.
Wouldn't the judge look at the circumstances of the case to decide how reasonable it is to delay?

[billiechic]

You need to know the reasons why they want a delay before agreeing to it. Until you are provided with reasons, don't agree. If you are being denied access to your kids, then there needs to be a very good reason to delay.

[rwm1273]

You may be able to ask for costs if they ask for the adjournment. But it depends if it actually goes before a judge.

If your lawyer is willing to allow the adjournment, this matter most likely will not go to court, and the two lawyers will work out a new date for court.

As others have said, without knowing the matter, it is hard to say if an adjournment is reasonable. Often adjournments are done out of professional courtesy to the other lawyer, for example if they are busy on the day in question.