Announcement

Collapse
No announcement yet.

Before Court Action

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Before Court Action

    Question: are there "rules" or expectations around making attempts to negotiate a change in agreement before just filing your wishes on a Response to Motion to Change?

    Clarification: I filed Motion to Change for adjustment of CS. Xs very late response asks for changes to access.

    There were no discussions around change in access ahead of time. I just get this in a response from his lawyer.

    I've retained a lawyer, but don't know why he can go ahead with court action without even trying to talk to me about it first. My lawyer doesn't seem phased by this.

    Am I trying to make sense of stupid again?

  • #2
    Lawyers are SUPPOSED to encourage their clients to settle. However that is very rarely the case.

    Can they just fire off a motion without trying to negotiate...sure.
    Will it work.../shrug depends on what kind of evidence they have, the current status quo, etc.

    What kind of changes are they looking for?

    Am I trying to make sense of stupid again?
    If you have to ask the question, you already know the answer.

    Comment


    • #3
      Originally posted by Qrious View Post
      I've retained a lawyer, but don't know why he can go ahead with court action without even trying to talk to me about it first. My lawyer doesn't seem phased by this.
      If my stbx ever gave indication about wanting my thoughts about any actions, I would be in shock for a week!

      Comment


      • #4
        The kidlet is 15, no? Does kidlet desire more access with his dad?

        You have, in the past, commented on difficulties with communication between kidlet/dad and post looking for ways to encourage that communication -- here is a key ideal -- support access.

        Seriously, you've been separated ?? years, kidlet is now 15, either one of you, or both of you, have gone over the top to even consider court action.
        Start a discussion, not a fire. Post with kindness.

        Comment


        • #5
          Oh, okay. Thanks everyone. I was just wondering if this was standard practice, to file without even mentioning possible changes. Somehow, almost 6 years ago, we were able to do up our whole SA without lawyers... Now we can't have a conversation first. A shame.

          Comment

          Our Divorce Forums
          Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
          Working...
          X