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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 01-14-2020, 05:14 PM
rvalentines rvalentines is offline
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Default Motion after Case Conference

Hi All,

I had my first case conference last week where I went from 1 weekly visit (day-time, no overnight) to alternating weekends with overnights and a Wednesday visit.

What are your thoughts of bringing a motion shortly after the case conference asking for 50/50?

Please read below before commenting:
-Married for 10 years with 2 young kids.
-Separated in August 2019 and wrote a separation agreement with 50/50 custody.
-in October 2019, she reports me to police for historical abuse allegations against her.
-Since then, she has only allowed me see my kids once a week, supervised.
-I have criminal charges pending as a result of my ex-wife's allegations and am planning on going to trial to defend myself. As a result, I have NO CONTACT ORDER.
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Old 01-14-2020, 05:48 PM
rockscan rockscan is offline
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Isnt the original court action for access? Why would you bring a second motion when the first motion hasn’t gone through the process?
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Old 01-14-2020, 05:50 PM
rvalentines rvalentines is offline
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The first agreement was from a CASE Conference (Not motion). On CONSENT, we agreed to alternating overnights.
Not sure if this changes your answer or not?
Settlement conference is in 3 months.
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Old 01-14-2020, 06:47 PM
rockscan rockscan is offline
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You have a conference due to a court application. That is either a motion to change or an application for something. That “application” is what launches the process of conferences. You can’t file a second motion dealing with the same issues while the existing process is underway.

As others said in your other thread, get through the criminal charges first before pushing for anything else.
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Old 01-15-2020, 10:41 AM
iona6656 iona6656 is offline
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why'd she cave?
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Old 01-15-2020, 08:15 PM
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Roaring into court after settling ON CONSENT at a conference to seek a change of the agreement (now an order) you CONSENTED to is not the best option.

You should have not consented at the conference and asked for the judge at the conference to schedule a long motion hearing that was preemptive on BOTH parties to file at the same time and respond at the same time.

Basically a preemptive motion would have specific filing dates where you BOTH submit an affidavit at the same time on the same day. No advantages of who is the applicant and who is a respondent is when it is made preemptive on both parties. Then a schedule for response would be again both at the same time on the same date for a reply to the affidavits. Only one reply no reply to the reply.

Preemptive motions remove the element of surprise from both parties when filing evidence.

A skilled lawyer would have taken this path and advised it over settlement. Did your lawyer bring up the idea of bringing a long motion that was preemptive on both parties? In your matter it would not be uncommon and in addition they would probably make the whole thing viva voce where you and the other party would have to get on the stand and be questioned. (Mini-trial basically.)

Overturning orders made on consent is difficult.
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Old 01-15-2020, 08:43 PM
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Tayken Tayken is offline
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Think of it this way:

You buy a car for 20,000 and drive it off the lot. Then 2 days later you come back and try to renegotiate the price of the car, that you already purchased and drove off the lot, down to $10,000 now.

You should have negotiated for a better price BEFORE you CONSENTED to the price and gave them the money!
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Old 01-22-2020, 11:44 PM
rvalentines rvalentines is offline
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Dear Tayken,

As always, you have always provided abundance of information.

My lawyer did not mention any preemptive long motions. In fact, she pushed for me to settle and take the deal being offered.

Her suggestion is now to wait until the settlement conference to negotiate for more access (2 months away).

If we cannot get the additional access we are seeking, she then suggests we bring a motion. But to your point, she is also not recommending bringing a motion shortly after a case conference.

At case conference, I received alternating weekends with overnights and a mid-week visit. I am aiming for 50/50 as was the status quo prior to false allegations. Do you have any strategies/suggestions on what I should be seeking for in terms of access at the settlement conference?

Thanks once again!
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Old 01-22-2020, 11:45 PM
rvalentines rvalentines is offline
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Quote:
Originally Posted by iona6656 View Post
why'd she cave?
Sorry, I thought I answered all these posts.

The judge gave her a very hard time about her conflicting stories and didn't buy her accusations. Keep in mind I have been the primary caregiver of the children until she decided to unilaterally change the status quo through false allegations.
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Old 01-26-2020, 04:22 PM
rvalentines rvalentines is offline
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Also to add, the agreement on consent was with a TEMPORARY WITHOUT PREJUDICE BASIS. Does this make any difference?
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