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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-08-2013, 02:24 PM
worldscollided worldscollided is offline
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Default Case Conference

Maybe it's just me but did anyone find in their case conference that the judge pretty much looked at the facts when he/she gave recommend ations or did I just get a reasonable judge. She ignored any he said-she said, couldn't care less what has happened since we separated and only focussed on how she saw the issues being settled. Neither my lawyer or my ex's lawyer was overly aggressive. Are they saving that for the next step? Am I correct that most judges will ignore the BS and look more at how the family conducted their lives prior to separation (i.e. one primary caregiver vs both parents very involved). Seems that is exactly what mine did.
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Old 01-08-2013, 02:55 PM
firhill firhill is offline
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Quote:
Originally Posted by worldscollided View Post
Maybe it's just me but did anyone find in their case conference that the judge pretty much looked at the facts when he/she gave recommend ations
If the Judge recommend Joint Custody and 50/50 access, then I'd say they did he/she gave sound advice.

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........ how the family conducted their lives prior to separation (i.e. one primary caregiver vs both parents very involved).
Why was one parent "not involved" in care giving prior to separation?

In jail?
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Old 01-08-2013, 05:02 PM
worldscollided worldscollided is offline
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warm and fuzzy but not breaking out the bubby as I know it was just a recommendation/opinion/suggestion and that's about all. Ex worked a ton. Overtime, part time instructor, health and safety rep, evening meetings. You name it he did it. Judge did not recommend 50/50.
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Old 01-08-2013, 07:23 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by worldscollided View Post
Maybe it's just me but did anyone find in their case conference that the judge pretty much looked at the facts when he/she gave recommend ations or did I just get a reasonable judge. She ignored any he said-she said, couldn't care less what has happened since we separated and only focussed on how she saw the issues being settled. Neither my lawyer or my ex's lawyer was overly aggressive. Are they saving that for the next step? Am I correct that most judges will ignore the BS and look more at how the family conducted their lives prior to separation (i.e. one primary caregiver vs both parents very involved). Seems that is exactly what mine did.
Sounds like you were before the Honourable Madame Justice Mossip in the Brampton Superior Court, Family Law.

http://www.ottawadivorce.com/forum/f...-mossip-13753/

(Read the case law cited in the provided link from the Honourable Madame Justice Mossip.)

Good Luck!
Tayken
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Old 01-08-2013, 08:17 PM
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Justices are in their position for a reason. Most if not all are used to the finger pointing and ignore it. They are highly intelligent people that have the ability to sort through the bullshit.

They look at status quo prior to seperation and also what occurred afterwards. The most weight is held (depending how soon court was begun) with the marital status quo and although it may be difficult for some to digest, it is often not 50/50 divided in parental duties.

Most importantly, they look at best interests of the child. They don't care about the wants of the adults. Or the rights of the parents, just the rights of the child.

Not all justices are as wise as some. They will sort through the crap by looking at the facts and only the relevant facts.

The case conference is a brief overview of the case and how things will go. Not all parties will listen to the advice given from it.

Last edited by OhMy; 01-08-2013 at 08:19 PM.
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Old 01-08-2013, 09:27 PM
SadAndTired SadAndTired is offline
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Our case conference was much different than I expected.

The judge (justice?) was kind and open when speaking. He started by complimenting both of us for how much progress we had made on custody/access issues before coming before him. Said that even though divorce is really hard and discouraging, we were nearing the end and that we should be encouraged by how much we had done and agreed upon on our own.

I was surprised how little he did say about stbx's issues. (Ex is applicant.) Judge basically looked at my lawyer and asked if I would provide some new info. We said sure. (They had never asked for it.)

He didn't really provide any guideline on the biggest issue except to say that ex's lawyer had classified it under the wrong section.

Told stbx's lawyer that he was not making any motions today. Scolded her a bit when she tried to argue saying "this is not a trial". Suggested we try to work it out ourselves and sent us on our way. We were in and out in less than 15 minutes.

I expected some more hard and fast opinions but maybe our situation simply didn't warrant it.

I will say that my lawyer told me to say nothing in the court room. Nothing at all unless the judge spoke to me directly.
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Old 01-08-2013, 09:30 PM
SadAndTired SadAndTired is offline
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Sorry, meant to comment that neither of us brought any inflammatory or derogatory stuff about the other side so maybe that helped with the judge's pleasant disposition?

I don't really know whether he would have acknowledged it or not because we simply didn't bring it....
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