Urgent Motion to cancel Settlement/Trial management Conference

[guydeluxe2018]

Hi,

My ex and I have pretty much agreed on OCL recommendations except some wording in a clause for final decision making say, and we are scheduled for settlement/trial Management appearance on October 03,2022.

On Friday I received notice that the Lawyer is no longer representing her, and my ex served me an urgent motion application she filed on Friday; my ex is asking the judge to adjourn the scheduled appearance on the basis that she is experiencing stress and as a result this is "flaring up" her pancreatitis; ex attached doctor's letter stating that she needs bed rest,and he did not say how many days.

Ex has told me in the past that she will keep adjourning the matter; settlement conference for December 2021 was adjourned to April because the OCL got involved, this one was adjourned to October 03, 2022 because the report was not ready, and now she is asking for another adjournment to when I dunno, a year of just adjourments.

Your input is greatly appreciated, debating on how to respond to the urgent motion.

[rockscan]

Do you have anything in writing where she agrees to things in the OCL report?

I would respond to the motion to adjourn and point out all the reasons why it needs to continue as scheduled or have it moved by a month. More than likely she fired her lawyer and figures she can get some more time to either find someone else or figure out how to self rep. Having proof that you are close to settlement may help.

Just my two cents tho!

[guydeluxe2018]

Hi Rocksan,

We agreed via text message communication.

[rockscan]

In that case I would send an updated offer to settle with your motion response.

Also, never ever EVER communicate agreement of items under negotiation by text message. For god’s sake always put that in email!

[Kinso]

Texts and emails should not be viewed as binding. The Family Law Act states that domestic contracts must be signed and witnessed. Maybe the texts/emails can be used as evidence of an agreement, but you don't want to be relying on that if there's pushback.