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  • cross-motion vs response - same thing ?

    say there is cross motion for some children activities you do not agree to , and daycare.

    in your relief, you disagree and are suggesting they are unnecessary, and you should have time over daycare.

    court is laughing the mother's cross motion out of court currently since there is OCL disclosure pending and was yelling at her for her cross motion last we were in court.


    Do I need to have a cross-motion on her cross-motion to get right of first refusal, or can that be seeked through my response ? My response is just affidavit disagreeing with her claims and stating that I should get priority over 3rd parties.

    my lawyer and courts want to push all issues to a settlement conference / trial and just ask judge if cross-motion is needed when we are in court next. Is this the right approach?

    Basically, it will be either settlement conference followed by trial, or mom's cross motion, followed by SC and trial. I am basically wanting to know if I need to cross-motion for my releifs if their cross-motion ends up being argued before settlment conference , or they can be seeked via my response affidavit alone, which is already filed.

    The way motions work in our local court is you file your motion, and go before a judge to set a date to argue, usually 2 months down the road. No date has been set to argue this motion yet, but we have filed a response.

  • #2
    End the motion madness... Ask the judge to put you on the fast track to trial.

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    • #3
      Originally posted by Tayken View Post
      End the motion madness... Ask the judge to put you on the fast track to trial.
      My first motion went on consent, second one being set to be argued - they are issues the court wants to deal with as they related to temp access that was unilaterally changed by mom for no good reason. They got yelled at for their cross motion, however.

      Won't set trial until we have the report, until we know when we will get the OCL report. The courts want to do settlement conference once report is in regardless. There was no OCL report at prior settlement conference.

      My lawyers only thought is to argue for a trial date if there is no settlement at disclosure meeting - that if we can't agree at disclosure meeting chances are we won't agree at SC.

      I'll ask again but the impression I got from judge was the courts want a SC before trial, since there is going to be an OCL report available.

      No SC set as of yet. Just a date to argue my final motion, and decide how matter will move forward, and if their cross motion will move forward or not. Likely SC or trial.
      Last edited by trinton; 11-02-2017, 07:24 PM.

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      • #4
        Originally posted by trinton View Post
        I'll ask again but the impression I got from judge was the courts want a SC before trial, since there is now an OCL report available.
        An SC can be converted to a TMC on the fly. What you should do is prepare everything (TMC brief, BoA, Document Brief, Factum, etc...) and bring it to the SC... Witness list everything...

        Or simply use the SC as a point to canvas for a date for the TMC. OCL report isn't going to be what you want I suspect. If it is what you want... Mom won't settle... So you are going to court anyways.

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        • #5
          Originally posted by Tayken View Post
          OCL report isn't going to be what you want I suspect. If it is what you want... Mom won't settle... So you are going to court anyways.
          Haven't got it yet. No bad vibes from OCL. Good vibes so far. Have researched and has made many recommendations for parallel parenting and shared access, which are my primary reliefs. - sole custody is on the table for me if shared parenting can't work.

          If it is what I want, yes, no way in hell mom will agree. I already know that. But one thing my lawyer brought up is they will have to get an approval from legal aid to dispute the OCL report / go to trial, and the chance for them successfully disputing that is slim to none.

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          • #6
            you do realize that there are people who thought the OCL were going to give them a good report but got the complete opposite? Expect the best but prepare for the worst.

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            • #7
              Originally posted by trinton View Post
              If it is what I want, yes, no way in hell mom will agree. I already know that. But one thing my lawyer brought up is they will have to get an approval from legal aid to dispute the OCL report / go to trial, and the chance for them successfully disputing that is slim to none.
              Depends on the lawyer... The lawyer may continue on the file if the client pays them even if it isn't through legal aid. Seen that many times. THose who want to fight often find the means to do so.

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              • #8
                Originally posted by Tayken View Post
                Depends on the lawyer... The lawyer may continue on the file if the client pays them even if it isn't through legal aid. Seen that many times. THose who want to fight often find the means to do so.
                You're right. I'm sure there are credit card companies who could give her some extra cash.

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                • #9
                  Originally posted by standing on the sidelines View Post
                  you do realize that there are people who thought the OCL were going to give them a good report but got the complete opposite? Expect the best but prepare for the worst.
                  True. Just like when you think you did so good on your test and you failed. Or when you thought you failed the test but actually got a B+.

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