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    Hello, been a while since I've been here but so far everything has been, well, smooth sorta-- nothing I couldn't handle or had many questions about.

    A little brief as I don't post often before I ask my question;

    I'm single mom of 2. My ex left me 3 yrs ago and we have been battling back and forth, sometimes on good terms but for the most part on bad terms regarding support, access, and custody of the 2 chlidren. We have been through mediation once, after which he never signed the terms that we agreed to in court. A few battles from there and then he wanted to try mediation again-- I was silly and agreed. Long story short, mediator dropped our case and I proceed to file and serve him an application for issues and for the divorce. We live in separate cities about 9 hours apart. he hasn't seen the kids in 2 1/2 yrs and only pays 1/2 of the tabled amount (I've filed for tabled amount)

    He was successfully served and I filed the affadavit of service. It's been 30 days and he hasn't served me a response at all.

    Now for my question. I ,know that I am to file a case conference date (will be stopping by the free legal clinic at the court beforehand to ask a lawyer questions). How does this affect the outcome?? Just curious, so I know possibly at what I'm looking at. I just don't understand why someone wouldn't file in a legal proceeding for something as important as children.

    any more info or tips will be helpful-- really nervous about going to court.

  • #2
    Originally posted by izagael16 View Post
    Hello, been a while since I've been here but so far everything has been, well, smooth sorta-- nothing I couldn't handle or had many questions about.

    A little brief as I don't post often before I ask my question;

    I'm single mom of 2. My ex left me 3 yrs ago and we have been battling back and forth, sometimes on good terms but for the most part on bad terms regarding support, access, and custody of the 2 chlidren. We have been through mediation once, after which he never signed the terms that we agreed to in court. A few battles from there and then he wanted to try mediation again-- I was silly and agreed. Long story short, mediator dropped our case and I proceed to file and serve him an application for issues and for the divorce. We live in separate cities about 9 hours apart. he hasn't seen the kids in 2 1/2 yrs and only pays 1/2 of the tabled amount (I've filed for tabled amount)

    He was successfully served and I filed the affadavit of service. It's been 30 days and he hasn't served me a response at all.

    Now for my question. I ,know that I am to file a case conference date (will be stopping by the free legal clinic at the court beforehand to ask a lawyer questions). How does this affect the outcome?? Just curious, so I know possibly at what I'm looking at. I just don't understand why someone wouldn't file in a legal proceeding for something as important as children.

    any more info or tips will be helpful-- really nervous about going to court.
    My ex similarly didn't respond to the served documents. The first appearance in court for us what to schedule the "first appearance" in front of the judge. His lawyer showed up last minute and requested an extension, which they were granted. Apparently, they're always granted.

    We then went on the next date to see the clerks, who scheduled a case conference for January. Process was: served late August, first case conference not until Jan 13.

    I wrongly thought that if he didn't respond then he wouldn't show (my ex moved 2500km away 2 days after being served), but he sent the old lawyer instead.

    I imagine that if there's no response and he doesn't show, then you'll be scheduled to see the judge with your claim.

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    • #3
      which is frustrating to say the least-- I've been butting heads with him over what I have felt is black and white decisions for nearly 3 yrs and now he doesn't respond. I am hoping, to some degree, that he doesn't--not cuz I am mean or anything but I am just wanting this be through.

      He says he has legal counsel 'advising' him but I have asked 3 times and can't get any info in the case I should be serving the 'legal counsel' or not.

      Comment


      • #4
        Originally posted by izagael16 View Post
        which is frustrating to say the least-- I've been butting heads with him over what I have felt is black and white decisions for nearly 3 yrs and now he doesn't respond. I am hoping, to some degree, that he doesn't--not cuz I am mean or anything but I am just wanting this be through.

        He says he has legal counsel 'advising' him but I have asked 3 times and can't get any info in the case I should be serving the 'legal counsel' or not.
        Oh, I know. No need to tell me how frustrating it is. But, if they want to delay they can find ways to do it.

        Don't count on him not showing up....that's what I stupidly did. And, when his arrogant lawyer showed up in his place, the smirk told me that was the plan all along. Threw me off. Dumb, I know, but I want this mess over with.

        Hopefully you're experience will be quicker.

        Comment


        • #5
          Unfortunatly, I think this is a game for many lawyers. It doesn't serve any purpose but to be difficult and make it difficult to have a descent case. It seems that my ex gravitates around lawyers who use simillar tactics. Hang in there.

          Comment

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