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  • Case Conference brief example

    Hi all,

    I am trying to prep for a CC I have mid January and wonder if anyone can point me at an example of what is included and what is not.

    If anyone has any general advice about it, that would be welcome too.

    As an aside, my ex got my response to her application Monday and first appearance was yesterday. Yesterday afternoon she told me (lol) I would not be seeing our daughter over Christmas and she is unilaterally cutting my time with our daughter back. She said her lawyer will be writing to my lawyer. Bahh maybe Santa will bring us all some more ability to focus on what our little girl needs.

  • #2
    Case Conferences are fairly basic. Before you do anything, please read the following two links:

    Procedures in Family Court - Particularly Part 7

    http://www.attorneygeneral.jus.gov.o..._part_7_en.pdf

    Family Law Rules - Particularly Rule 17

    Courts of Justice Act - O. Reg. 114/99

    The form involved are:

    Form 17: Conference Notice - served by either the Applicant or Respondent, but not both;

    Form 17A: Case Conference Brief - General - Served by both parties then filed with the court office;

    Form 6B: Affidavit of Service - filed by both parties to the court office; and

    Form 14C: Confimation - to confirm your attendance at the proceedings, filed to the court office by both parties.

    The main form for all of this is Form 17A. Download it in MS Word, follow the instructions and print it in black and white (best).

    Try to be as objective as possible, keeping emotions out of it. Stick to facts as much as possible.

    One final point about Case Conference paperwork is that it does not become part of the main case file once the conference is done.

    As a starter, I hope this helps.

    Good luck.

    Ken

    Comment


    • #3
      Kenny,

      Thank you very much for the info. I have had a look at these. I was hoping someone could share with me what one actually looks like. I want to understand the way the judge would typically see one from a law office.

      Obviously personal details would be deleted etc.

      Comment


      • #4
        from experience when I went through mine... the case conference was all about what each other wanted.. and then who would cave in and give up first. In my opinion a case conference is all about what two people can agree on or agree to disagree on. What can't be agreed upon is then brought before a judge. I remember seeing the list of wants from my ex - some were reasonable while others were over the top insane. My lawyer said that most lawyers encourage their clients to come in with over the top demands becuase there will also be some realistic ones, and it looks bad on one party to say no to everything. Sooo they ask for high expectations in order for you to agree to the smallers ones (which may have seemed high - until you have a glance at their higher ones) It is a nasty game.
        My ex and I can't even be in a room together let alone agree on most things... so a case conference was frustrating. I read people's comments about "don't forget it's all about the kids invloved"... but seriously - truth be told (and I know I am not alone in this thought) both parties become pit bulls and don't back down easily -regardless of what "may be best". It' s horrible how people start to lie and hurt each other. Each case is differetn of course - this is just my experience.

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        • #5
          Neverending is right but try not to get too worked up about it. Judges will not be too interested in the mudslinging and will not even mention it in most cases (never at a case conference).
          Just refute the untrue statements in your answer. The mudslinging is to try to intimidate you from pursuing it furthur.
          Document the denials of access carefully eg with email requests, particularly Christmas. That will look very bad on the party denying access.
          Read Canlii. And do not be intimidated. Be patient, family law is very slow and the other party will likely dig their own hole in time.

          Comment


          • #6
            for me the case conference was intimidating.. not because of my ex but because of this lawyer. they seem to want answers quick and little realistc time to think and make sense of a lot of things. i remember a friend of a family member told my mother to be sure I took into consideration, all holidays, pd days at the kids school, traveling out of town province or country, section 7 expenses (and being specific in what ones I was asking contribution to) all of the things that eventually come up, but may not be on your "list" for discussion. again...it is nasty, but if you prepare and go in with your info in check you should be ok. and I agree with Gumby - the judge will have not time or even care about the "mudslinging"...

            Comment

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