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Old 09-30-2012, 09:55 PM
kidsRworthit kidsRworthit is offline
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Default Served with notice to attend case conference

Originally Posted by Mess View Post
My case conference lasted over an hour, with the lawyers meeting with the judge, the judge giving some solid advice and settlement opinions, the lawyers came back to me and my ex (in separate rooms) and then went back to the judge again to clarify options. The judge then made an order for interim support, and spoke to my ex and me telling us to slightly adjust our custody schedule (the adjustment solving some ongoing friction).

We then are scheduled for another conference in March (should be the settlement conference but I don't have the papers here). The judge stated she hopes she doesn't have to see us then.

The conference was a wake up call for my ex, who had all arguments cut to ribbons by the judge. Perhaps I had a better experience because our situation was fairly black and white from a legal standpoint and my ex just needed a boot in the rear. I'm hoping we can settle now before the new year.

As far as case law, the judge was fully aware of what would apply and it didn't seem that anything needed to be said or argued about that. That doesn't mean you shouldn't be prepared! But what will help the most is to have a very well written but concise conference brief. The judge does actually read that and having your point thoughtfully and logically laid out helps a lot. We put a lot of work into mine, while in my ex's it was like each paragraph would be contradicted by the next, flip flopping and seeking something different each sentance.

I've been served with a notice to attend a Case Conference mid November
After having moved from the matrimonial home for over a year now, and shared parenting 50/50, but no signed FINAL Separation Agreement (ex refused to sign), she is seeking: a. a divorce, b. physical custody of our two kids (claim is she speaks French, I do not: and kids go to French school, so she can do French homework with them), c. Child Support - table amount, d. decision making for school and activities.

I am encouraged that she has initiated the divorce. Based on your personal experience, can you please enlighten me with your opinion?

We attempted mediation with lLA and my ex refused to sign on the revised FINAL, FINAL SA. So, $7K spent, time energy and great detail, and no output. She claims she does not agree to detail, and that it was in my favour.
Is a signed SA required as the basis for a divorce?

A CC seems to have limited benefits from what I've read. Mediation is not legally binding, however arbitration is and requires consent from both parties. Am I accurate. If both parties agree, could a 5 way (2 clients, 2 lawyers and arbitrator) schedule a session/sessions to discuss issues. If this a more efficient and cost effective way to address the issues?

Also, now my ex has initiated the process, should I seek appropriate representation and counter with what I am seeking from her?
As you clarified, the judge cut to ribbons her arguments, and I suspect this is precisely what will happen all of the baseless alleged claims/issues she has made in the CC document (save the request for divorce). It is truly without merit, and certainly not in the childrens' best interests. ie. one claim is for sole custody so her son can live with her in her new community which she just moved to as he wants to play hockey there.

Appreciate addressing the issues and moving the process along in the most cost effective and efficient method possible after an unsuccessful mediation experience. Both parties need to agree to realize mediation success.
I thought this was so, until she held out after both our lawyers provided reasonable feedback.

Appreciate your insight, or PM

Thanks very much