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Withdrawal of a key claim before or during trial?

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  • Withdrawal of a key claim before or during trial?

    Hi again.
    Ex wife sued me for sole support plus other claims ( some absurd).
    7 year old separation agreement says joint custody and joint decision making.
    Ex wife hates joint decision making and so sued (Application not by Motion), but I suspect that was intimidation to try to get me to agree to unfounded claims for support and special expenses.
    Four conferences passed by with judges' shaking their heads at sole custody. There is no merit (in my opinion).
    Final conference is next week, trial set for following week.
    I have sent 4 offers so far, no response at all.
    Last week received an offer from ex's lawyer.
    Now seeking joint custody (abandoning central claim).
    Question: Rule 12 says full costs can be recovered if a party withdraws a claim. The claim for sole custody has not yet been withdrawn but I anticipate it may be struck at trial. In any case this will be germane in the costs arguments after trial.
    I am raising this with the conference judge next week of course.
    Any thoughts out there?
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