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  • #16
    Originally posted by representingself View Post
    Why did you send in the confirmation of consent, when you yourself did not consent to the disclosure request?

    I would expect that you will be liable for her costs if the matter does not get adjourned.... especially if you refuse to provide her with the requested disclosure.
    She did not ask the court for disclosure.

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    • #17
      No, she asked your husband for disclosure...

      You said...

      "at 3PM yesterday she sent an email saying she will be "obliged to consent to an adjournment on the following terms" and set out financial demands. We noted the "obliged to consent to an adjournment" part and ignored the financial demands".

      How can you justify sending the consent to the adjournment when you blatantly "ignored" her financial disclosure demands?

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      • #18
        Originally posted by representingself View Post
        No, she asked your husband for disclosure...

        You said...

        "at 3PM yesterday she sent an email saying she will be "obliged to consent to an adjournment on the following terms" and set out financial demands. We noted the "obliged to consent to an adjournment" part and ignored the financial demands".

        How can you justify sending the consent to the adjournment when you blatantly "ignored" her financial disclosure demands?
        I'm sorry Representing... it seems you have misunderstood. She is not requesting disclosure of my husband's finances, but she is MAKING DEMANDS TO BE PAID OFF IN ORDER TO PROVIDE HER CONSENT TO ADJOURN. As in... "Pay me X, Y, and Z and I will then consent to the adjournment."

        I hope this helps clarify things.

        Either way, we spoke with the trial coordinator and have been advised on how to proceed. The trial coordinator agreed that her consent should not have financial conditions attached to it. (Sadly, the options aren't great.)

        As for her request for the disclosure of personal, employment and financial information, we are putting together a package in that regard, along with a sworn affidavit outlining information we do not have documentation for.

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        • #19
          I think you still need to appear before a judge for an adjournment on consent? If so, on that day, simply tell the judge you had believed consent was evident. However, it appears this is no longer the case, and then argue why you still need it anyway.

          I'm pretty sure a judge will allow it considering its for employment. I don't think you have much to worry about either way.

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          • #20
            The problem with going to argue for an adjournment is he can't because of his work obligations on that day, that is the whole reason he needs an adjournment.



            I too thought she wanted financial disclosure in return for the adjournment. With just the money demands, it won't look bad on you for not having paid her off as opposed to not providing requested disclosure.

            That said, she specifically said she won't agree to the adjournment unless you pay her. That means "game on" for the scheduled day regardless. Too bad you cannot attend as agent for him that day as I am pretty sure the judge would agree to adjourn it and she would owe costs. He can't just NOT show up now on that day unless he has a lawyer go and argue the adjournment for him in his absence.

            I hope LV gives you some advice about what is the proper way to deal with this.

            The ex is pretty nuts to even try to do that in writing. If she put "without prejudice" on it I can maybe understand it, but just handing you such a document that makes her look so bad is funny. She sounds like a real piece of work. lol

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            • #21
              You would get the best answers if you attended Duty Cousel. Perhaps you should do so.
              What I think you need to do, is file a motion asking for the adjournment. A motion will presumably be heard before the SC date. You may require a different day off work, but my understanding is that it is this specific date of SC that is the concern.
              While filing the form for a motion, you would also fill out a sworn affadavit as to the reasons you need it, and the steps you took to try and avoid taking up the judges very valuable time beforehand (ie. asked for consent.)
              Remember all document need be served to the other party, and a confirmation of attendance as well as an affadavit of service will need be filled out too.
              Again - it's probably worth talking to Duty Counsel to make sure everything is in order.

              Comment


              • #22
                Originally posted by independentgal View Post
                Too bad you cannot attend as agent for him that day as I am pretty sure the judge would agree to adjourn it and she would owe costs. He can't just NOT show up now on that day unless he has a lawyer go and argue the adjournment for him in his absence.
                Actually, according to the trial coordinator I CAN attend as my husband's agent, if that is who he chooses to be his agent.

                Comment

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