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Old 09-04-2009, 09:25 AM
job2009 job2009 is offline
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Originally Posted by Grace View Post

I feel your pain. I too was a victim of domestic abuse. The courts only take this into consideration with regards to custody & access. My ex has a bit bull lawyer too. Usually these types of controlling men pick this type of lawyer to continue the abuse using the court system.

You may be eligible for legal aid? Please don't give up. Keep posting and please feel free to e-mail or PM me anytime.

As for your question of a settlement conference here goes:

After the case conference, motions and examinations are completed, a pre-trial conference or "settlement conference" is held. As the name suggests, this conference is designed to encourage the settlement of the case and the judge is actively involved in trying to resolve the dispute.

Once again a special brief must be prepared and it is an informal procedure, usually taking place in a judge’s chambers.

Although the judge cannot force a settlement of the case at this stage a judge may order "costs" if he or she feels the other side is unprepared or unreasonable.

On this topic of cancelling settlement conferences, I have a question.

I started (self-represented) an access Motion in my custody/access file to do with my 2 sons. It was some time prior that any other activity occured so the Judge in this matter Ordered a case conference this October to do with access; about a year after I started my Motion. It is in a rural Court in my area where lesser resources result in the procedure moving much slower than I had expected/told of as the file was previously litigated in larger cities (my x moved with our sons out near this rural Court) which is something I was not notified I would have to be ready for. I want to give the Court the opportunity to establish some Order(s) in October, but quite frankly, I want to look at my own Motions after that conference to settle this matter with any remaining issues. My sons are now (September before October before case conference) 18 & 16 and are victims of extreme parental alienation. I have been asked to not contact them (so far) by the Court until the matter is reviewed. I feel I may have to retain my own reference/professional at this time to review what is available and offer a confirmation/reference to the Court of whether or not alienation is occuring.
So, does anyone have recommendations on how I can just say to the Courts "Look, threre is no reason why access cannot be restored (give references, proof, etc.), show how the x is just trying to delay issues....I want an Order now for access xxxxx") and cancel the settlement conference? I feel honestly that if I let the Courts sort it out at their own speed that I'll need to adjust my Motion to consider grandparental access - you know what I mean? LOL....