After Case Conference

[CatvsLion]

February 2011 we had a case conference - which ordered the OCL to become involved in our case (and they did) and we had a slight change to scheduling access.

July 2011 we received the OCL report with recommendations

She thinks OCL report is bias and will only agree on the recommendations with a trial and re-evaluation.

Her lawyer says, in response to our filing a motion to implement changes: He's bemused, somewhat perplexed. Parties attend motions seeking interim relief, a temporary Order. Your client will be seeking a temporary Order varying the parenting schedule as per the OCL recommendations. My client has already indicated she is willing to agree to such a temporary order; and yet, you remain determined to bring a motion.

So my question is
If I'm not to file a motion how do I proceed to get these implemented without a trial period? I don't feel a trial period is beneficial to my daughter after a whole ocl investigation was just done. Also, the OCL report gave references that herself and another psychologist felt the X was coaching and interigating my daughter.

Is there another process besides a motion - I didn't think I could skip the motion to get to a settlement conference??? If so what is the process to skip it? (This is somewhat of a repost but with more detail)

[wretchedotis]

From what I read - please excuse if I missed something.
But he seems to be saying a motion is pointless as his client is prepared to agree to the same thing on consent.

So, I would move forward with trying to settle with those terms.
He might be trying to DELAY. If you feel he is not genuine in moving forward - consider moving froward with your motion.

Limited answer based on limited info. btw.

added

the other process is to schedule a meeting between all parties where u sit down and come up with an agreeable plan.

[CatvsLion]

I understand that they're agreeing... I'll give a little more info.

Original order 2006 - no weeknight overnight access (return of 7pm on tues &thurs)

Since 2008 weeknight overnight access was inplace for tues & thurs

2010 she wanted to go back to original order
2011 temp order of just thursday overnights with request of OCL getting involved.

So she basically wants to do another trial period even though we've been essentially doing the same scheduling for the past 2 years.

My point and opinion is there is no reason to do a trial period, and I also have concern that this trial period is going to be used to coach my daughter (as the OCL also brought up that it's been happening) as well as putting my daughter thorugh another evaluation.

[CatvsLion]

She also does not like to negotiate - and if it's not her way it's no way. I offered to agree to the trial on the basis that we fall back on the original scheduling instead of the blocked time - as this should be the only reasoning for a trial (ocl recommended wed, thursdays instead of tues & thursdays).

Her response was that she didn't agree to anything the ocl recommended and wanted another opinion - so she's just trying to get the ocl investigation thrown out.

[Mess]

I'm not clear.

She wants Tuesdays and Thursdays overnight, and OCL is recommending Wednesday and Thursday overnight? This is the only difference?

My view as a parent would agree with the OCL, at your child's age having two nights in a row to settle in is less chaotic than a different house each night.

I don't see any advantage for your ex to seek alternate nights. If she is really manipulative, she might prefer a more stressful schedule for the child so that she can later argue that it isn't working. That's crazy, but I don't know your ex.

If it were me I would write to her lawyer that your offer of Wed-Thurs is based on the best interests of the child and that you feel as a parent that alternate nights would be too stressful and confusing. As this agrees with the OCL assessment and your ex has produced no reasoning to validate her preferred schedule, you cannot agree and will proceed with the motion. Suggest that if they can produced a reasoned argument in the best interest of the child for the alternate nights you would consider it, but that you need compelling reasons.

However I might change my stance depending on your current schedule. Is either option close to the current model? Ultimately you don't want to be going to court arguing over a Tuesday vs Wednesday if all else is equal.

[CatvsLion]

She doesn't want me to have any weeknight access. The whole reasoning is because I moved in 2009 - 40 minutes from my daughters' school.

She thinks it's too much for my daughter - but OCL, teachers, psychologist etc and my daughters academic and health concerns are all ok'd and there is no difference from when she's with me vs her mother.

Also OCL report said that to my daughter the need for more time with her father far outweighs the reasoning/concern that the mother has for more curricular activities (I also can put her in those).

The OCL report also said that it seems the reasoning for the mother to restrict access was based on personal feelings rather then concern for the child.

[Mess]

Which doesn't answer my question. Her lawyer is offering to have a temp order of Tuesday and you want Wednesday, is this correct? This is the how far apart you are?

[CatvsLion]

Sorry, her lawyer (and her) are offering to implament the OCL recommendations (wed & thurs) but only on the grounds that we have a trial period and another evaluation (by a 3rd 'new' psychologist). (which means the OCL report becomes invalid as well). after a 3 month time.

[Mess]

You will have a hard time at the motion if they are offering the same thing you are seeking at the motion.

The motion would be an interim order anyway until the trial, or a final agreed settlement.

The issue you have is with the wording "trial period" and the timeline. You could end up paying at least partial costs at the motion. You have to decide if this is worth drawing a line over.

A second evaluation doesn't negate the OCL report. The OCL once involved is representing the children, they don't stop just because there is a private evaluation. What the second evaluation might do is contradict the first. This is something you may have to face anyway, she can seek a motion for another evaluation.

I would make sure to get legal advice, try the FLIC at the courthouse (are you unrepresented?) and be sure you understand if this is worth fighting over.

[CatvsLion]

Which brings me back to my question - is there another way around this besides going to a motion?

I do have legal advice and my lawyer is pushing the motion. But, including yourself, apposing lawyer, and ocl all have said that going to a motion when she's accepted with terms might be risky.

But if I except her terms then where does it end? Unless the next evaluation says everythings going fine which I'm sure they will - not the point - point is my daughter shouldn't have to be subject to more 'stuff'. If they contradict the first (thanks for the clarification of ocl is still valid), then we have to do another 'test' period of something else and do another evaluation or go back to court in determining which evaluation to use - rinse and repeat it seems.

So I'm trying to figure a way to get around their neat little tactic of requesting a trial period (when we've been doing a simular schedule for the past 2 years).

I've already done a case conference, I've offered to except the terms with another term of going back to the previous scheduling we had in place of 2 years if the 'blocked' time doesn't work out, so right now I"m in limbo - as I don't want to except her terms and she doesn't want to except mine nor does she want to except the OCL report. So if I dont' go to a motion what do I do?

Also what is the percentage of motions that have costs awarded? I would think she would also be a risk for paying partial costs as what the OCL recommended is very close to what was in place and status-quo for the past 2 years.