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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 12-22-2021, 01:04 PM
Hide on Bush Hide on Bush is offline
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Default Can one theoretically submit a motion to prevent a case conference

If the respondent is seeking a case conference based on material change that has been 100% proven to be false (with substantial supporting evidence provided) can an applicant theoretically submit a motion to prevent a case conference until the material change of circumstances can actually be proven?

For example, respondent is claiming child doesn’t live with the applicant but with his grandparents. Applicant has provided security camera footage from within their home, with time stamps, showing the child lives with the applicant.

The respondent is using the allegations to seek for sole decision-making responsibility and parenting-time. For the entirety of the child’s life, the applicant has had full decision-making responsibility and parenting time was only afforded to the respondent on an alternate weekend basis.
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Old 12-22-2021, 01:56 PM
rockscan rockscan is offline
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If they filed a motion to change then it has to be heard if the judge deems it to be heard. In which case you cant block a case conference. Now the case may be thrown out at the case conference as there is no material change but the judge has to make that decision.

I know of someone on this forum who had filed a motion to change and the judge ended it at the cc as there had been no material change.

Either way, you cant file anything to stop a case conference to the best of my knowledge.
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Old 12-22-2021, 02:00 PM
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If a response to their motion was made with supportive evidence to invalidate their alleged material change was made, can a judge deny the request for a CC?

Or at least request an order in which the respondent shall provide evidence to substantiate his claim before a CC will be scheduled?
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Old 12-22-2021, 03:11 PM
rockscan rockscan is offline
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If they filed the motion then the onus is on them to prove a material change has happened. If the response from your side has legitimate proof that there is no material change, the judge can go from there and make a decision.

The case conference will go ahead to hear these two arguments. Even if you submit a response there is still a hearing to review it. You cant cancel a conference with a brief and proof. The conference is the hearing and that goes forward.
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Old 12-22-2021, 03:47 PM
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Would it be reasonable for me to seek costs for anything that arrives from the case conference if it’s found they don’t have any evidence to proof materiel change?
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Old 12-22-2021, 03:58 PM
rockscan rockscan is offline
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You should always ask for costs but they arent always guaranteed. If the judge decides to dismiss the motion at the conference, be prepared to argue for costs.

Depending on what is in the motion to change, the judge may have a discussion with you both on what the actual dispute is about. For instance if the opposing party is seeking to reduce support as they do not believe the kids live with you, there may be a discussion about custody and child support. Be prepared for that too.
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Old 12-22-2021, 03:59 PM
arbortrail22 arbortrail22 is offline
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This is how it would go:

1) Your ex files a motion to change. You and your lawyer are served with her documents.
2) You will have x days to respond to the motion to change. In your response, you request a motion to drop her requests given no material change in circumstances. You prove no changes. You request that all costs associated with the motion should be paid by your ex. These costs are $X,000.
3) Your ex *might* have the ability to respond to your response - but the length will be very limited.
4) The judge reviews the docs at the first case conference and will either move her motion forward or dismiss the motion to change from moving forward. It might not be the cut/dry depending if there are other ancillary issues brought it.
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