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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 07-07-2021, 07:34 PM
Donald Duck Donald Duck is offline
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Default Denied sleepovers

Trying to get my first sleep over with the child and basically the other party asked for a medical note from my doctor stating that a previous health issue is not a concern.

They also asked for a video walk through of my home and a picture of the childs bed.

I gave all three of these asks to the lawyer who responded with ridiculous follow up questions and that she did like the wording from my doctor.


The lawyers letter was without prejudice.

They have stalled and stalled for years and I have been playing behind the 8 ball with so many police calls and forced supervised visits, exchanges and now they're stalling on the wording of a letter.

My question is I would like to respond asking her lawyer to state in writing what is not sufficient about the letter and why am I being denied sleepovers.

Any thoughts?
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Old 07-07-2021, 08:03 PM
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Are you entitled to sleepovers or is this a favour from the mother?
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Old 07-07-2021, 08:09 PM
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We do not yet have a court order for sleepovers
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Old 07-07-2021, 08:20 PM
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We have another settlement conference end of August and a legal aid settlement conference in August.

In their offer to settle, they are offering a final deal of EOW and Wedneaday for a few hours and I'm going for 50/50
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Old 07-07-2021, 08:20 PM
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In other words, this is entirely up to the mother. She can deny sleepovers because her psychic told her that it would be bad for her chakra.

For now, just keep on asking nicely. Document everything. Eventually you go to court to change the custody schedule. At the moment though, just keep on asking politely.

I am disappointed that I could not have a sleepover. What could I do differently that would change this result? Thanks!
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Old 07-07-2021, 08:21 PM
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Quote:
Originally Posted by Donald Duck View Post
In their offer to settle, they are offering a final deal of EOW and Wedneaday for a few hours and I'm going for 50/50
Currently, you have zero nights, correct?

If so, 50/50 is not going to happen.
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Old 07-07-2021, 09:19 PM
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Agreed but I have to get the first one
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Old 07-08-2021, 10:20 AM
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Quote:
Originally Posted by Donald Duck View Post
Agreed but I have to get the first one
You have to wait.
By default lawyers letters are "with prejudice"
They sent a "without prejudice" letter so to avoid it being used against them.
I believe you can submit your own "without prejudice" letters as evidence.

They are definitely trying to fluster you, put you off balance and fishing for something to use against you (make sure those pictures you send are perfect). No "generous" offer from them is sincere.


Tell the judge you are willing and ready to have the child 50/50 if you are but you understand the court may prefer a gradual plan and demonstration that you are. It certainly sounds like you are very considerate. Good luck keep your cool at all times.
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Old 07-08-2021, 11:00 AM
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Hire a lawyer.

You should have told them to pound sand on all of those requests and to seek a court order.

Legal Aid Settlement Conferences are a waste of time.
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Old 07-08-2021, 11:22 AM
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Quote:
Originally Posted by Tayken View Post
Hire a lawyer.

You should have told them to pound sand on all of those requests and to seek a court order.

Legal Aid Settlement Conferences are a waste of time.
sigh.....I presumed assumed you had a lawyer giving you advice......Tayken is more right.

I had to wait....my lawyer ended up threatening them to make a deal and if they didn't take it I would still have to wait (2 months!) they took a deal 1 week before the case conference. 50/50.


Tayken: What is wrong with waiting until the end of August for the case conference and working a real offer?
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