Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 02-09-2020, 04:49 PM
rvalentines rvalentines is offline
Member
 
Join Date: Dec 2019
Posts: 35
rvalentines is on a distinguished road
Default Motion after Settlement Conference

Hi all,

I have a settlement conference coming up to discuss child access/custody where I want to go to 50/50 from alternating weekends.

I was thinking of booking a long-motion date now so that if we cannot settle our dispute at the Settlement conference, we can proceed quickly to Motion.

There is a 2-month time period to book long-motions so I was thinking to tell opposing counsel to pick a date and book now. If we do settle, we can always cancel.

What are your thoughts?
Reply With Quote
  #2  
Old 02-09-2020, 06:30 PM
LovingDad1234 LovingDad1234 is offline
Senior Member
 
Join Date: Aug 2019
Posts: 144
LovingDad1234 is on a distinguished road
Default

I am not very experienced in your touch so only offering my thoughts based on my own experience in the battle, and research, lawyer convos etc.

In my view, EOW to 50/50 is a big change. If itís not consented by the other side, itís not likely that a judge would order that type of change. Thatís why most 50/50ís graduate to 50/50 if it wasnít previously exercised. You have to work towards it. Just my opinion but I could be wrong.
Reply With Quote
  #3  
Old 02-09-2020, 07:46 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,919
rockscan will become famous soon enough
Default

You dont schedule a long motion, you move to trial and schedule a trial management conference.
Reply With Quote
  #4  
Old 02-09-2020, 10:23 PM
rvalentines rvalentines is offline
Member
 
Join Date: Dec 2019
Posts: 35
rvalentines is on a distinguished road
Default

Can you elaborate?

I called the court (Superior court) and they gave me dates for April for long motions.

Why are you recommending booking a trial management?

Mind you, my criminal trial is end of year in December 2020.
Reply With Quote
  #5  
Old 02-09-2020, 10:45 PM
LovingDad1234 LovingDad1234 is offline
Senior Member
 
Join Date: Aug 2019
Posts: 144
LovingDad1234 is on a distinguished road
Default

Quote:
Originally Posted by LovingDad1234 View Post
itís not likely that a judge would order that type of change.
Sorry, meant to say itís not likely a judge would order 50/50 through a long motion in the middle of a case. The way court proceedings work is that you have Case Conference, then Settlement Conference (sometimes many of these), then Trial Schedule Conference, Trial Management conference, then Trial. Throughout the process, you can ask for a motion for an interim decision (interim Order) to have something be put in place until you have either settled, or gotten an order through trial.

50/50 would occur by way of either you 2 settling, or going to trial.
Reply With Quote
  #6  
Old 02-10-2020, 10:25 PM
rvalentines rvalentines is offline
Member
 
Join Date: Dec 2019
Posts: 35
rvalentines is on a distinguished road
Default

I'm not sure where you're getting your information from.

That's exactly what motions are for. To allow the judge to make a decision on status quo. All the conferences are mediation sessions. If the Mother doesn't agree, nothing happens.

Am I missing something here?
Reply With Quote
  #7  
Old 02-11-2020, 12:26 AM
LovingDad1234 LovingDad1234 is offline
Senior Member
 
Join Date: Aug 2019
Posts: 144
LovingDad1234 is on a distinguished road
Default

Quote from www.familycourt.cleo.on.ca: ďIf you want the court to make a temporary order about some of the issues in your case, you can bring a regular motion. A motion is where a party asks a judge to decide specific issues before trial.Ē

Motions are to get a decision ASAP while you are moving through your case. For example, if Party A and Party B are fighting over how much child support is to be paid, and Party A is paying $0, Party B can bring a motion for Party A to start paying until it gets sorted out via Settlement or Trial. Same goes for access. If mom is not letting dad see kids, and they cannot agree on what final access will look like, dad can bring a motion to get some access in place, on temporary basis, until matter is sorted by settlement or trial. Otherwise dad would have to wait till trial to have some access which could be 2 years down the road.
Reply With Quote
  #8  
Old 02-11-2020, 12:50 PM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,265
Janus will become famous soon enoughJanus will become famous soon enough
Default

Quote:
Originally Posted by rvalentines View Post
Mind you, my criminal trial is end of year in December 2020.
You can certainly motion for 50/50, but why would you get it if you are facing criminal charges?

Hopefully your trial is in 2021 so you can stand up and say "those bogus charges were dropped so now I should have 50/50"

...assuming the charges were actually bogus
Reply With Quote
  #9  
Old 02-13-2020, 02:35 PM
iona6656 iona6656 is online now
Senior Member
 
Join Date: Jun 2018
Posts: 793
iona6656 is on a distinguished road
Default

Quote:
Originally Posted by Janus View Post
You can certainly motion for 50/50, but why would you get it if you are facing criminal charges?

Hopefully your trial is in 2021 so you can stand up and say "those bogus charges were dropped so now I should have 50/50"

...assuming the charges were actually bogus
He won't get 50/50. I'll eat my shorts if the family court doesn't say "go finish your criminal matter". But I'd be super interested to hear how this plays out for the OP.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
motion vs settlement conference EspoirN Divorce & Family Law 10 12-04-2019 11:11 PM
more confused than ever: motion & settlement conference gumby Divorce & Family Law 1 06-12-2011 07:31 PM
Settlement Conference and Motion maple_2009 Divorce & Family Law 6 10-07-2010 05:59 PM
where & how to go - after the 2nd settlement conference nick2009 Divorce & Family Law 2 08-05-2010 09:10 PM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 07:14 AM.