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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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  #1  
Old 10-15-2013, 11:32 AM
golf.fanatic golf.fanatic is offline
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Default Case Conference Oct 22!

HI everyone,
I have a case conference on Oct 22 regarding access. I've received the other party's brief and it is full of derogatory comments and untruths. Should I address these in my case conference brief (I'm the respondent) or just stick with the facts? Would I simply state that I strenuously deny the allegations and hold the applicant to the strictest burden of proof around the allegations and then go on? Thanks!
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Old 10-15-2013, 11:40 AM
HammerDad HammerDad is offline
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That's what I would do.

There is always going to mud-slinging. Just stick to the facts and what you can prove. Then cause them to prove their allegations.
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Old 10-15-2013, 12:32 PM
HappyMomma HappyMomma is offline
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I agree with Hammerdad. While you don't need to provide proof at this point, my lawyer always made a point to deny each allegation - you don't have to be wordy about it though, be brief - and don't fill your brief with the same type of crap.
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Old 10-15-2013, 12:40 PM
Pursuinghappiness Pursuinghappiness is offline
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^^ Agree with the other posters.

Just ignore the nonsense. Propose a reasonable temp schedule if you don't already have one in place and show how you'd support that schedule.

Judges don't make decisions based on the crap in affidavits...they need evidence...generally from an expert such as an evaluator.
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Old 10-15-2013, 12:53 PM
golf.fanatic golf.fanatic is offline
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I want to include one email from the applicant which basically refutes what was in the brief. Can I do that? How?
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Old 10-15-2013, 01:20 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Can I do that? How?
The judge does not make any decisions at the case conference. You could include it as an attachment to your brief.
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