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jlalex 02-04-2008 12:47 PM

Is it better to wait?
Our lawyer contacted us for a settlement conference date. My husband told her that he would like to wait until the OCL has done their investigation and submitted their report..we just received notice 2 weeks ago they would become involved. His thinking is that going to a settlement conference ( which we would have to travel for and hire another lawyer in that city to represent us as sending our currently lawyer would cost a small fortune) is a waste of time. His ex still hasn't submitted any of the court ordered paperwork as instructed both last March and September. So really we aren't any further ahead than we were almost a year ago now.

But my thinking is even if we wait til we have the OCL reports we'll likely have to go back *at least* another time to give his ex yet another oppurtunity to present her 'evidence'.

The issues currently in front of the court are, spousal support, custody and visitation.

She currently has no lawyer, she did have representation through legal aid, but she failed to pay so her lawyer took her to court to cease representing her.

Any advice on how to proceed from here?

logicalvelocity 02-04-2008 06:26 PM


If it was me, I definitely would wait for the OCL report especially if I felt that my parenting plan would be supported by the OCL and superior to that of the other parent.


logicalvelocity 02-04-2008 06:27 PM


I should elaborate further; once the OCL report is in hand; this may be sufficient to support a stance by way of motion.

Keep in mind that final orders are difficult to change as one requires to first prove a material change of circumstance for said child where as interim/interim orders are easier to vary without demonstrating a material change.

Motions are significantly cost effective as basically everything is done on paper rather than a full trial of the issues. Once a status quo develops as a result of interim motions which is working out well for the child; it becomes difficult to change.


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