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  • Refusing to adjourn Case Conference

    My ex has request our case conference scheduled for later this month be adjourned since she is expecting a baby on that same date. Interestingly enough, she filed the original divorce application, but did not seem to have had a problem with the established case conference date. I would have expected her to take this into consideration before she served me the application. This is consistent with her shifting dates as will.

    Now that I have made several plans to honor this date, she is requesting the conference be adjourned till July. There are several issues we are simply not agreeing upon, such as parenting, child access and custody which I wanted to bring up at the conference. I also wanted to request the divorce, which we both agree on, be severed from the settlement and establish a way forward to close this whole thing.

    I simply do not want this date postponed as it is kicking the can down the road. There is also no guarantee she will not come up with a new reason, such as her baby is sick, to further push the decision down stream I also understand that her lawyer can represent on her behalf.

    Thoughts or I am mis-understanding this entire process? My lawyer thinks I need to consent otherwise I will lose and have to pay her cost, since I mentioned this as some delay tactic. But I am almost willing to take the chance.

    Thoughts?

  • #2
    Originally posted by e28makaveli View Post
    My ex has request our case conference scheduled for later this month be adjourned since she is expecting a baby on that same date. Interestingly enough, she filed the original divorce application, but did not seem to have had a problem with the established case conference date. I would have expected her to take this into consideration before she served me the application. This is consistent with her shifting dates as will.

    Now that I have made several plans to honor this date, she is requesting the conference be adjourned till July. There are several issues we are simply not agreeing upon, such as parenting, child access and custody which I wanted to bring up at the conference. I also wanted to request the divorce, which we both agree on, be severed from the settlement and establish a way forward to close this whole thing.

    I simply do not want this date postponed as it is kicking the can down the road. There is also no guarantee she will not come up with a new reason, such as her baby is sick, to further push the decision down stream I also understand that her lawyer can represent on her behalf.

    Thoughts or I am mis-understanding this entire process? My lawyer thinks I need to consent otherwise I will lose and have to pay her cost, since I mentioned this as some delay tactic. But I am almost willing to take the chance.

    Thoughts?
    Oh boy .. I would say having a baby is a pretty good reason for an adjournment in this case. I'd take your lawyers advice.

    Comment


    • #3
      I hate to say it but, your case for increased access just got really hard. A new sibling can put a tailspin on all your arguments as the "best interests" is in respect to all the children involved. So the judge will consider the relationship of the existing child and the new child and want to preserve this relationship.

      This is one of the things that parents do to secure majority access... Have a sibling. In the alternative, it is what non-majority access parents often do to get at least 50-50 at times.

      Finally, I agree with your lawyer and LF32.

      Comment

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