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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 03-09-2018, 03:54 PM
youngdad91 youngdad91 is offline
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Default is an interim without prejuduice access order really without prejudice?

we agreed on an interim basis to expand my access , and it happens to be inline to what the ocl has recommended. alternate weekends pickup from school to Monday morning drop off to school, extended in case of long weekend, pd Fridays, etc

we agreed to summer 50/50, which is more than the mere one week each month of summer the ocl biased lady has recommended.

we also agreed to counselling to combat alienation and help us work with each other moving forward.

now how without prejudice is the interim access agreement really? can she argue I am never happy with any agreement ? isn't the whole point of a without prejudice agreement that it can't be used against you ??
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Old 03-12-2018, 12:36 AM
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bump. any questions or clarification, let me know.
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Old 03-12-2018, 10:09 AM
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Tayken Tayken is offline
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Time is a key element to establishing "status quo". Often, intern motions, become "final" because both parties are happy with them and never change anything. That is the result of both parties not moving on the matter.

No doubt you have read Izyuk and Justice Pazaratz's groundbreaking statements regarding the elusive "status quo".

Ultimately, it just means that you are awaiting trial on the issues... If they are still issues. The other party will now try to play the delay game to enshrine the order into the "status quo".

Watch for a pattern of ignorance to your requests and delays on everything. This is common when a party is happy with the current order and is trying to establish a "status quo".
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Old 03-13-2018, 05:29 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
how without prejudice is the interim access agreement really?
An interim, without prejudice access agreement allows the parties to go to a motion to have the interim schedule set. They have settled access on an interim, interim basis without compromising their positions for the motion.

At trial, it will not matter whether there is an interim access order (without prejudice or not). The status quo is what will matter. If it happens to be reduced to an interim order then that clarifies things for everyone going in.

As Tayken noted above, the status quo is important.
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Old 03-16-2018, 09:02 AM
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For example, when a parent removes a child without consent or a court order and the other parent doesn't act on anything for >6 months... A court will often take the position that the other parent acquiesced and will enshrine the current situation as the status quo.
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Old 03-16-2018, 10:10 PM
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Originally Posted by OrleansLawyer View Post
At trial, it will not matter whether there is an interim access order (without prejudice or not). The status quo is what will matter. If it happens to be reduced to an interim order then that clarifies things for everyone going in.

As Tayken noted above, the status quo is important.
The status quo was expanded by the interim, interim order, since there was already a final order in my matter. I was told by the judge a trial wouldn't happen for at least late this year or early next year. Was I in any wrong in taking this expanded access, with a clause that the issue of further regular access is to be agreed upon as that issue is not settled ? The inteirm, interim order though inadvertently expanded my access, the main purpose of it was to deal with the issue of school pickups and drop offs, which happened to give Wednesday and Sunday overnights with our child.

The concern is that the interim, interim order, lines up to the OCL recommendations. Although the judge said we should agree to settle somewhere in between of our proposal or that a judge will decide in the middle, have I in any way made it harder for myself to get further access by agreeing to this new interim without prejudice status quo ?
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Old 03-19-2018, 09:31 AM
OrleansLawyer OrleansLawyer is offline
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have I in any way made it harder for myself to get further access by agreeing to this new interim without prejudice status quo ?
Legally: No. If you have an interim, interim agreement then you can still bring a motion for interim access, followed by having a trial to decide final access.

There may be a disincentive to bringing that motion (if you are "close" to good enough, the costs can be prohibitive), or you may have difficulty in negotiations (if you are at the OCL's recommendation then the other side may hunker down to delay until you accept it). But the flip side is, if their position is access should remain as it is then there isn't anything to lose by pushing for more, other than costs.
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Old 03-19-2018, 11:35 AM
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Quote:
Originally Posted by OrleansLawyer View Post
But the flip side is, if their position is access should remain as it is then there isn't anything to lose by pushing for more, other than costs.
Just "push" don't "shove". You can lose a lot when you "shove" versus "push" for more. How you do something really matters. If you go in all guns blazing then you could lose more.
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