Last minute service of documents

[formyGirls]

Hey everyone...

I was just served Saturday night with 219 pages of briefs, affidavits, financial statements, and disclosure. This is for our upcoming case conference this coming Monday. There are over a hundred pages in new allegations and affidavits to (not really)support these allegations.

The bulk of the material has to deal with stbx making allegations of neglect (that CAS investigated and cleared me on) ... (I have a nasty ex- read my other posts)... and a bunch of financial allegations, again easily disprovable with some time.

I could not file a brief of my own in two days that would fairly represent myself to the judge (and had to chase down CAS worker to get paper copy of report in my hands), so I am asking for an adjournment. Do you think I am reasonable in expecting that? Any experience with it?

I am being careful to make sure I have all my disclosure together that was due for this conference- don't want to get the justice thinking I am just pushing this off or can't get my $hit together...

The other side has had three adjournments so far, so I think I have that on my side as well. I was really hoping to make some progress towards getting this mess finished, and the thought of the adjournment kinda stinks.

I am just a little worried though, that if the justice has a burr up their a$$, the other party has their brief and I have nothing... but I think a reasonable person would find that being served 219 pages of new information so close to the conference would be unfair to the other party.... any experienced responses would help ease my mind, thanks!

[dadtotheend]

No judge is going to read 219 pages of bullshit.

Don't ask for an adjuourment. You're just delaying the ineviable and settng yourself up for a huge amount of similar wasted effort.

Submit a one page affidavit outlining the issues in dispute and your position on them.

[NBDad]

Yeah, 219 pages of crap is going to seriously piss off the judge.

Keep yours short, simple and address the relevant issues.

If your asked/pressured about anything from her side, make a blanket statement to the effect that you believe 3 days it not sufficient time to disseminate, process and refute 219 pages of information and as such, are unable to offer any kind of opinion one way or the other on anything it contains.

[formyGirls]

Thanks for the input everyone...

Trying to end this problem before it gets any worse - I wrote her lawyer, let him know that due to him pulling this crap I was going to adjourn. He responded with his knickers in a knot, lol. Anyway, I laid it on him because he is actually in contempt of an earlier court order - he was supposed to file an order that was made allowing me access to medical and educational records, and he didn't do it.

I let him know how I need the medical records to disprove his crap about neglect (to my stbx, two diaper rashes in a year and a half= neglect), and the fact that he is in contempt shut him up quick. Funny thing- within the hour the order he was supposed to do in October was done- stamped at court and everything, lol!

Basically said I am good to proceed on everything, but if any attempts are brought up to mess with my access or deal with these allegations by trying to get the judge to make further orders messing with my access or financial issues, I will shut it down. In my case (ok- like most I suppose) access and finances are the big sticking points, and really should be dealt with in separate motions I believe.

Not so worried about Monday now... and I think you're right about not adjourning - this has been going on over a year, and all we have done is put in writing a temporary access agreement for a lot less time than I have been insisting on, establish temporary cs, and exchange some tax returns and bank statements. Just want to get past the case conference stage and get things rolling.

[blinkandimgone]

sheesh, if two diaper rashes in a year equals neglect then i was a downright abusive baby mama - especially in the summer heat!!

[NBDad]

Yeah, your ex is on crack dude.

I had my son returned to me with diaper rashes so raw they bled, on a 3 day -4 day cycle for the better part of 2 years. As per local CAS that's not "a concern" from their perspective.

Funny thing is I'd send him back to his mother's with it totally cleared up, and get him back bloody again. Since I finally got custody in Feb of last year, he has had maybe "a" mild rash once, and never to the extent her used to...so do the math on that one.

[formyGirls]

Well the irony of the diaper rash issue is that both times my youngest had the diaper rash, she was very sick. The first time, daughter was sick, was during stbx's time with them but she didn't want to take time off work, daycare wouldn't take her because sick, so I took off full day to take care of her. She has always been prone to rashes, especially with diarrhea. So I do a favour for stbx, and she tries to screw me.

The second time she had one, turns out she was exposed to very sick boy at daycare day before access, daughter finally gets sick Sunday with explosive diarrhea (you know what I'm talking about!), gets instant rash.

Anyhow, applying to get medical records now, I am sure there are at least 8 or 10 documented cases of worse diaper rash there from when stbx had them in her care while on mat leave... she was always running to the doctor for everything- finally that is going to help me for once!

All in all, cas cleared me of everything, and she has tried enough of this stuff now that it is starting to paint a picture that she is trying to find anything she can to justify keeping the kids away from me- hardly in the best interests of the children.

Now to get to judge to see it the same way!

[Kenny]

Although slightly off topic, my ex actually faxed her 17D to the courthouse the morning of the conference! They gave it to me and the judge allowed an unserved document to be used.

To be honest, I am not convinced the judges read anything filed!

[formyGirls]

Well, gotta love this... (not really)... sit at the court today for over three hours, waiting our turn, and end up not even seeing the judge.

Stbx's lawyer never filed a confirmation notice, tried to have it added to the roster this morning. Apparently the judge wouldn't let it be heard because he felt it amounted to an emergency motion (disguised as a case conference).... hmmmm - exactly what I told her lawyer after being served 219 pages of bs on short notice.

Waited four months for this conference, and got ZERO accomplished except I took the entire past week off to scramble to put together my defence to all this crap.... have to book another conference now. And maybe build another wall to smash my head against in the meanwhile, lol!

Gotta love the system!