Important Adjournment Question

[TheRespondant]

Hello All,

First time posting - new to this forum and in need of your collective assistance.

The Situation:
I have served my former partner with a motion of contempt (form 31) and the case is fairly simple. We were ordered into Parent Co-ordination about 2 years ago on our final order and she has refused to participate.
Along with the form 31 I served and filed a Form 14A affidavit containing all exhibits (with some very compelling cut and dry evidence against her).
The court date has been set for this coming Friday.

Yesterday afternoon at 5:00pm, I received correspondence from her attorney stating that she will be unavailable for the set court date and "an adjournment will be requested by my client and any costs incurred in securing the adjournment will be sought."


The Question:
I am unclear as to exactly what happens next....

I understand that I may either "accept" this adjournment and we choose the next practicable time, or I can "decline" the adjournment and the court date goes ahead.


If I decline and we go ahead, the judge may reschedule it anyway and order me to pay the costs.
Correct?
If so, on what grounds will the judges decision (regarding re-schedueling or not / awarding of such costs) made?


Simply put - my case is a strong one, and I do want it heard.
But I cannot afford to pay the undue costs of re-scheduling.

Please help.
Many Thanks.

[tugofwar]

Are you self representing? I would go for the adjournment cause chances are the judge will not go foward with it anyways. Allow the 1st one to slide but don't fall for the delay tactics.

[Mess]

If her attorney can't be present, how can there be any costs? If the attorney is present, then why would the motion not go ahead?

I haven't had direct experience with this, but those are the first questions I would seek answers to.

[formyGirls]

I have been through a bunch of adjournments so far... don't let the lawyer bully you with the threat of costs. You have a right to contest the adjournment. Force the lawyer to show up in court, then after they ask the judge for an adjournment, you tell the judge you object to the adjournment because a delay is not consistent with the best interests of the children, and your matter needs to be heard. Then say you want to be fair, and would be willing to consent to the adjournment on the condition that the opposing lawyer choose an available date for the new date ( a date that BOTH the lawyer and your ex consent to), and have them tell the judge directly the date they are available for. IF they try to get out of it again, you have good reason and proof to use to ask for costs on your behalf.

As long as you are being reasonable, and keep the best interests of the children at the forefront, I wouldn't worry about costs being awarded to them. Just show that you are being reasonable, have given ample notice, and it's always a good idea to give them the choice of date.... Good Luck!

[TheRespondant]

Yes, self-representing.

[tugofwar]

If the lawyer can't make it, they can't make it. You are not going to lose anything even if you try to go ahead and see what the judge says. I don't know, you are self representing, try calling the court house and see if they will answer a few questions. Maybe you can get a list from the court for a number of different days and ask the lawyer which day they would be available in the next few weeks. Dont go for anything longer. They are going to take advantage of you because you are self representing.
Fill out confirmation that you will show up that day, Im sure if they can't make it they will send a representative and ask for adjournment.
As far as costs etc. I have yet to hear of someone actually getting any of it.
You are self representing, maybe use that as you don't fully understand the whole process

[TheRespondant]

Thanks for the info.

The Lawyer representing her is the 3rd so far, and doesn't know the real details / history. In fact, in her letter she makes several incorrect statements about past events. I do plan to respond to the Lawyer with a letter on and by filling a second affidavit that will clarify and "inform" her of a few facts.
In this letter I will also be attaching a schedule from the court house (which I obtained when filling the first lot of papers) and requesting that we choose a second date.
I do want to be reasonable - and a brief adjournment with a second date seems ok. I just don't want to be pushed back into oblivion.
This case is a strong and clear cut one.

[TheRespondant]

As far as costs etc. I have yet to hear of someone actually getting any of it.
You are self representing, maybe use that as you don't fully understand the whole process

This seems reasonable... It seems to be bit of a grey area as to how far I can push for the date.

[tugofwar]

Adjournments happens all the time. Ive heard cases where motions turn into case conferences, parties fail to provide proper documentation etc and nothing but a slap on the wrist to those that do not follow the rules.
I would get a list of dates, get the lawyer to pick a date that suits them and go forward. If they don't produce a date in the near future, get more details on what you can do next.
Don't let them bully you or try to scare you. They did that by stating they will ask for costs. Tell them, go ahead....lol