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Old 08-04-2010, 10:32 PM
nick2009 nick2009 is offline
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Default where & how to go - after the 2nd settlement conference

Hi, guys,

this afternoon the 2nd settlement conference finished without settling all issues.

i represent myself - applicant -dad
the other party + lawyer - respondent -mom

1. child access, i told the judge that i can not access my child regularly, the judge is unhappy with it. however, the judge said the final child access issue should be settled down between your both sides and the cooperation is the key to put the child's interest at the first. then judge wanted both sides to fill up the form 35.1.

my question: after filling up the form 35.1 , what should i follow, serving other party? or filing to court? or something else?

2. child custody, the judge thinks the child has been living with other party for 7 years, i can not get joint custody. - so basically i have to give up, by the way , my daughter (12yr) should live with her mom (the respondant). in my heart, that is reasonable. i do not want to disturb my daughter's living. so, not a problem

3. equalization of the net family property. after 6 years from the date of the separation, by law, the other party can not claim it, this issue does not exist right now, and judge was surprised and unhappy by the fact that the other party raised this issue 2 weeks before. so the judge asked the other party rethink this issue. so basically i do not think this is an issue any more.

4. disclosure of my RRSP investment. all my RRSP happened after the date of separation. so 2 weeks before when other party raised this issue, i did not give them positive anwser. i told them i needed time to think how to make my decision and response to them. basically i did not tell them whether i disclose my RRSP or not. today the judge said that i should disclose all the detailed investment of my RRSP. i told the judge it served no purpose, however the judge said no matter what i should disclose those information. - now i still do not know why i have to do it. they do not have right to know how i spend my money. what if i spent $100 last month, should i have to report it to someone. i have already exposed my Notice of Assessments with my financial statements. by the way, the judge told the other party that if i refuse to disclose, they should not complain it in the court, they should make a motion.

can anyone give me comments on it.

5. Financial statement, the other party did not serve me the financial statement on the case conference, first settlement conference and today the second settlement conference. after i told the judge those facts, he said that i should not complain it to him, i should make a motion to solve it, or i have to take it. - the other party still claim SS.

can anyone give me comments on it.

6. judge said that this is the last settlement conference. if both sides can not reach a settlement, then we have to go to trial management conference. but he encourage both sides settle it down because the case is very simple.

7. motion cost. - if i make a motion, how much do i have to pay for the motion. if i lose in my motion, do i have to pay the other party the cost? if they are funded by the legal aid office, then do i have to pay? /// what if they make a motion?

8. trial management conference - do i have to pay the court or/and pay the other party for the trial management conference. or treat it like settlement conference?

9. about the SS, is it true that normally the less income side can claim SS within the last 3 years.

i would like to share my experience and hope your guys read it patiently.

any responses will be appreciated.

august 4, 2010