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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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  #11  
Old 01-27-2020, 09:11 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by rvalentines View Post
Also to add, the agreement on consent was with a TEMPORARY WITHOUT PREJUDICE BASIS. Does this make any difference?
Not really. Generally what that means is that this is what it is for now and that terms may change down the road by further agreements or court order. It doesn't change the fact that you consented to it. Yes, you can try and negotiate further terms, or continue to push for what you want in court. But a motion to change the terms you consented to, shortly after you consented to them, would be looked upon negatively in court.
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  #12  
Old 01-27-2020, 08:21 PM
rvalentines rvalentines is offline
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Dear HammerDad,
Thanks for your response.

It may be viewed negatively in the court, but my understanding is that it should not have an impact on the outcome of the motion, correct?

I mean there is no rule in Family Law Rules saying you cannot bring a motion after a case or settlement conference.

I'm just trying to understand. I hear you and everyone's points, but at the same time there is nothing in the rules saying you can't.
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  #13  
Old 01-28-2020, 07:07 AM
rockscan rockscan is offline
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Originally Posted by rvalentines View Post
I mean there is no rule in Family Law Rules saying you cannot bring a motion after a case or settlement conference.



I'm just trying to understand. I hear you and everyone's points, but at the same time there is nothing in the rules saying you can't.
Still doesnt mean you will win or not get blasted by the judge or have to pay your exís costs...
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  #14  
Old 01-28-2020, 08:54 AM
HammerDad HammerDad is offline
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Originally Posted by rvalentines View Post
Dear HammerDad,
Thanks for your response.

It may be viewed negatively in the court, but my understanding is that it should not have an impact on the outcome of the motion, correct?

I mean there is no rule in Family Law Rules saying you cannot bring a motion after a case or settlement conference.

I'm just trying to understand. I hear you and everyone's points, but at the same time there is nothing in the rules saying you can't.
Yes you can bring a motion. But what it will show to a judge is that you can't be trusted with your word, and that you are combative. And the judge will act accordingly. If you didn't agree with the terms a week ago (for example), why did you consent to the order? Yes, it isn't uncommon for people to have buyers remorse, but to nearly immediately file a motion to change a consent order shortly after it is made is going to look very very very bad on the person who does the filing.

Generally you have to give the current order time to work. It is temporary, and the issues are still in front of the judge. The current consent order on a temporary without prejudice basis is simply that, the temporary order to give you some time with the kids and give a baseline until the final order is issued. The final order may or may not look like the temporary order.
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  #15  
Old 03-21-2020, 08:49 PM
rvalentines rvalentines is offline
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UPDATE!!!

I brought a motion (Self-Rep) for Right of First Refusal and ability to contact via OurFamilyWizard. As a reminder, I had alternating weekends with overnights and unsupervised.

Not only was the motion dismissed by an 80-year old incompetent judge, but my ex asked for SUPERVISED ACCESS at a ACCESS Center claiming I have mental issues.
No where in their motion or factum did they ask for this. The judge even asked if they provided a Notice of Motion and they responded by saying "This is an Oral Submission".

Any who, the judge granted them their request. I spoke to a lawyer who said that it appears to be an error in law as they did not provide a notice of motion for their request and I did not have a chance to seek counsel. Hence, this is an error in law.

However, she suggests for me to proceed with the access centre to save time and money as Appeal process can be lengthy and costly.

What is everyone's thoughts? I feel like I should appeal. Mind you, I do have criminal charges I'm waiting to go to trial for in a year....
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  #16  
Old 03-21-2020, 11:01 PM
rockscan rockscan is offline
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What is everyone's thoughts? I feel like I should appeal. Mind you, I do have criminal charges I'm waiting to go to trial for in a year....
Pretty sure almost everyone on here told you to not file anything until you get through your criminal charges. This was stupid.
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  #17  
Old 03-22-2020, 09:40 AM
rvalentines rvalentines is offline
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Yes - I screwed up because my kids wanted to see me more. I admit.

What are your thoughts on appealing?
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  #18  
Old 03-22-2020, 09:48 AM
Abba435 Abba435 is offline
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Quote:
Originally Posted by rvalentines View Post
Yes - I screwed up because my kids wanted to see me more. I admit.

What are your thoughts on appealing?
Let this lie until criminal matter is resolved.
You are making things much worse.
This is not the hill to die on.
You WILL die on it.
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  #19  
Old 03-22-2020, 10:26 AM
Kinso Kinso is offline
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Appealing a temporary order requires leave (permission) of the appellant court. This is not a simple self-rep friendly process.

It does sound like an error in law to make an order without notice, but itís also a temporary order, which has a very high standard for overturning.

You should get proper legal advice before you make things worse.
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  #20  
Old 03-22-2020, 10:32 AM
LovingDad1234 LovingDad1234 is offline
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I empathize, I really do. But you had decent access considering you have criminal charges pending resolution. Some of us have terrible access and are being patient to better days. You should have just kept your head down pending resolution of your criminal case and hopefully settled your Family Law case.

You are clearly in an acrimonious situation with your ex, where you are now fending off vindictive mental health assertions. Dirty tactic but you will have to work hard to dismiss that allegation. Go start seeing a mental health counsellor and build a relationship with them, as you may need a witness in the field at a trial. Supervised Access centres take notes on your visits. Arrive early, never miss a visit, being snacks, gifts, spend quality time. The Notes can be used to your favour.

But honestly, you had access agreed to on consent pending resolution of your case, whether it be via final settlement on consent or imposed through trial. Why on earth did you bring a motion for such small things? You are open game at motions and trials.

Appeal decision of judge? In my view, thatís a Hail Mary. Either you succeed or seriously shoot yourself in the foot and dig a deeper hole.

Lesson to those out there: Pick your battles for motions. Anything can happen at motions or trials, all depends on the judges mood.
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