Hi all,
The below is the situation I need some advice on:
Background:
-False domestic violence criminal charges have been stayed (withdrawn) after 2 years due to a technicality. We did go to trial but due to an unforeseen circumstance (not due to her credibility), it was dropped. Unfortunately, this may mean in Family court that I have not been proven innocent.
-In the meantime, young kids (under 11) have had supervised access with me for 2 years for once a week as per court's order. I was heavily involved in their lives prior to the false charges.
-We have a 8 day trial coming up ranging from parenting, custody, equalization, etc. I do not have the funds to fight this and self-representing is out of the question given how badly my previous self-representing went.
Question:
1. Since charges have been stayed, I have not heard from her/her lawyer. Should I make the first offer or wait to see what they have to offer first? My understanding is that every other weekend and a mid-week visit is something I may get at trial. .
2. My lawyer is advising to bring a motion to expand parenting time BEFORE the trial to increase our leverage at trial given how limited my current parenting time is. I do not want to spend money on a motion and rather settle my entire case. Thoughts?
3. My Family lawyers want me to pay $70k as a retainer 2 months before the trial, which I do not have. Yet they tell me that the "best settlements happen 1-2 days before trial". This is really concerning for me and I am really not sure how to pursue this.
Thank you for your time reading and responding.
The below is the situation I need some advice on:
Background:
-False domestic violence criminal charges have been stayed (withdrawn) after 2 years due to a technicality. We did go to trial but due to an unforeseen circumstance (not due to her credibility), it was dropped. Unfortunately, this may mean in Family court that I have not been proven innocent.
-In the meantime, young kids (under 11) have had supervised access with me for 2 years for once a week as per court's order. I was heavily involved in their lives prior to the false charges.
-We have a 8 day trial coming up ranging from parenting, custody, equalization, etc. I do not have the funds to fight this and self-representing is out of the question given how badly my previous self-representing went.
Question:
1. Since charges have been stayed, I have not heard from her/her lawyer. Should I make the first offer or wait to see what they have to offer first? My understanding is that every other weekend and a mid-week visit is something I may get at trial. .
2. My lawyer is advising to bring a motion to expand parenting time BEFORE the trial to increase our leverage at trial given how limited my current parenting time is. I do not want to spend money on a motion and rather settle my entire case. Thoughts?
3. My Family lawyers want me to pay $70k as a retainer 2 months before the trial, which I do not have. Yet they tell me that the "best settlements happen 1-2 days before trial". This is really concerning for me and I am really not sure how to pursue this.
Thank you for your time reading and responding.
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