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  • Case Conference and procedural orders

    So, this might be a dumb question...and I have searched this site but the answers I've read generally don't go into detail.

    Background:
    -First case conference is at the end of the month
    -Both parties are self-rep
    -Will be going to court for all areas (custody/SS/division/mat home etc)

    Both parties are indicating on their case conference briefs to allow the judge to make orders.

    I know that judges will generally only make procedural orders, but I guess I don't know what that means accourding to family law.

    Can anyone describe to me what kind of orders CAN be made if both parties agree and what exactly are procedural orders?

    Thanks in advance!

  • #2
    Most any order can be made when the parties agree (this is called an "order on consent of the parties", which a judge will "endorse"). The court likes to make these orders as it is a way to have the parties settle the issues themselves. That said, the parties are often pressured by judges to make orders on consent, so it isn't always as agreeable as it may seem.

    Procedural order examples:

    -get your financial statements filed
    -get appraisal on matrimonial home and other assets
    -make on order for OCL involvement
    -have the matter placed on the trial listings
    -schedule next conference

    Other orders not likely to be made:
    -interim custody
    -interim CS and SS
    -possession of matriomonial home

    The purpose of case/settlement/trial management conferences is to identify/narrow the issues in a without prejudice environment. The informality of these conferences means provides that making significant orders can prejudice one party's position. Significant non-consent orders most often need to be obtained by way of motion or trial.
    Last edited by dadtotheend; 01-15-2009, 06:56 PM.

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    • #3
      Good informational sites...but you have to read, read and read again

      www.canadiandivorcelaws.com
      www.familylawcentre.com
      www.ontariocourts.on.ca/en/
      www.lawhelpontario.org
      www.law.utoronto.ca/faculty_content.asp?
      www.cleonet.ca

      I have read and researched anything and everything I could but there is a lot of info, and related sites on these and a lot of helpful guides at least in general and some very specific.
      I hope this helps.

      I have my fist case conference June 29th.....from what everyone says I'm not looking forward to it.....ugh!!!

      Starting to see a sliver of light.

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