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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 01-30-2022, 08:16 PM
Kidscomefirst Kidscomefirst is offline
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Default Offer to Settle Accepted...Next steps

Hello all.. my son mother just accepted my offer ot settle and signed it. Just wanted to know what my next step is. Do I file a motion with this offer to settle and file it with the court? We also have a settlement conference on Feb 17th, how do I cancel that due to the acceptance of the conditions.
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Old 01-30-2022, 09:24 PM
OrleansLawyer OrleansLawyer is offline
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Prepare the draft order (Form 25), which will essentially be a cut and paste of the offer to settle if it was drafted properly.

Edit the cut and paste for appropriate language (ie, use "shall", not "will", write "this order", not "this offer", that sort of thing) and remove anything offer specific such as "this offer remains open until Feb 1" etc.

Send the draft order to her. Ask that she sign the front of it, with the words "approved as to form and content this XXXX day of February, 2022 by the applicant/respondent".

Option 1: Cancel the case conference

Prepare a basket motion (Form 14B) seeking an order on consent. Prepare an affidavit (Form 14A). The affidavit will be a short few paragraphs, basically saying "we've settled our case, see exhibit A draft order approved as to form and content".

Serve the motion on her as usual (TELL HER IT IS COMING, DO NOT SURPRISE HER), and file the 14B notice of motion, 14A affidavit, and blank copy of the draft order so the judge has something to sign.

Wait 1-6 months, and your final order should come back.

Option 2: Bring the approved draft order to the case conference after sending in the confirmation that you have settled the case. If you want to do it properly, prepare a very short brief that basically says "we've settled this, look here is our draft order". Show up with the draft order (or have submitted the draft order electronically if the CC is online). Receive order from case management master or judge.
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Old 02-01-2022, 10:33 AM
Kidscomefirst Kidscomefirst is offline
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What is the process for cancelling the settlement conference? Still the same. Should I not be submitting a 15C for Motion to Change with consent. We already have an order and this offer to settle has changed that order to reflect out changes and agreements.
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Old 02-01-2022, 02:02 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Kidscomefirst View Post
What is the process for cancelling the settlement conference? Still the same. Should I not be submitting a 15C for Motion to Change with consent. We already have an order and this offer to settle has changed that order to reflect out changes and agreements.
Why not continue with SC and bring the agreement to have a judge review? I mean that is what a SC is for sort of.
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Old 02-08-2022, 11:19 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
What is the process for cancelling the settlement conference?
You need leave from the administrative family judge, which is usually obtained through the trial coordinator.

Quote:
Should I not be submitting a 15C for Motion to Change with consent
That would start a new case, however it seems you already have open pleadings either for an application or current motion to change. You don't need to start over, just kick the ball in the net.
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