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Ontario 01-16-2011 08:39 PM

Case Conference Preparation - Questions
 
Hi there all!

I am attending my first case conference in the near future and have a few questions that I’m hoping will receive some replies. (Please and thank you in advance!) Brief background of the case is as follows: I have an 11 month old child resulting from a short long distance relationship with a gentleman who lives approximately 17 hours away by car. Unfortunately, the relationship ended acrimoniously prior to the birth of the child, he has not seen the child and is currently requesting shared custody. In contrast, I am requesting sole custody with generous access provided to the child’s father.

I am currently preparing the Case Conference brief and have a few questions:
  1. For the first case conference, should I include a ‘Proposed Parenting Plan’ in the brief?
  2. I’ve done some research and found some cases that seem to support my request for sole custody and I’m wondering if I should cite these cases as evidentiary support to support my request?
  3. I’ve also done some research using academic/scholarly journals regarding child custody and those views imparted by child psychologists such as Kelly, Lamb and Solomon and would like to include evidence from these academic journals to support my position. Should I? If so, how do I do that? Do I include the whole article as an Exhibit or do I parse out the relevant portions of the article and cite it as I would if I was writing an essay using one of the mainstream citing guidelines (like APA)?
I have a lawyer (who I’m quite happy with) but my counsel has indicated that the above is NOT necessary. What I find confusing though, is that when I look at case law on canlii.org, judges will indicate that the Applicant or Respondent cited specific cases or appended evidence from academic journals. I can’t tell though if the judge is writing a decision from a case conference or if it’s from a trial.

In any event, would appreciate any and all replies to the questions above. And again, thank you in advance.

logicalvelocity 01-16-2011 09:20 PM

Reading between the lines, broad knowledge of the subjective. If you have a lawyer why are you undermining them by writing their CC brief or will they be your note taker. The reference material that you cite are from more or less originate from dated law journals.

logicalvelocity 01-16-2011 09:22 PM

PS. Welcome aboard.

dadtotheend 01-16-2011 09:24 PM

The purpose of the case conference is to identify the issues and to mediate a settlement if possible.

I think your lawyer may be telling that your evidence is not necessary at this time.

The parenting plan, case law and professional studies will be useful, but probably not until further along in case management, closer to a trial.

limer 01-17-2011 08:48 AM

Don't forget that Case Conferences are without prejudice. One wouldn't want to submit evidence that might not be able to be used later. Also, any orders at case conferences are on consent.


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