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  • Trial Management Dec.6

    Hey guys,

    We have a Trial Management Conference set for Dec. 6. Hubby is Respondant and self rep. The issues are Section 7 and OCL is/was appointed for custody issues. We have as of today not recieved any information or been served with any paperwork for upcoming conference.
    I really don't want to file ours until we see Applicants. Also, we were told by Childrens Lawyer that he would take a meeting with each of the parents seperately to tell them his results before going to court.
    The court is also over an hour away, and will involve taking time off work.
    What should we do?
    Also, Applicant faxes paperwork to hubbys workplace, where there is just one common fax machine for approx 65 employees and in a very public area. We have told her before to refrain from doing so, however, I have a feeling she won't listen. My husband has been given this paperwork by a number of different people, including the owner of the company and he find it humiliating.

  • #2
    That OCL meeting is called a disclosure meeting and is usually held with both parties (and their lawyers if applicable) present.

    I trust the disclosure meeting will be held before your TMC elsewise it makes the TMC kinda pointless.

    Comment


    • #3
      You can try to delay the conference until you see the paperwork but this will just drag out your stress and probably your costs. You can wait until the last minute to file your paperwork and you are no worse than the applicant. Or you can file and keep your fingers crossed.

      Regarding the faxing, I would use the fax cover sheets as evidence attached to an affidavit and request a non-harrassment order requiring the applicant to use confidential methods of communication.

      Comment


      • #4
        The OCL does sometimes do separate disclosure meetings, but it is rare and only when there is the possibility of high conflict (really only when there is a history of extreme abuse). Has the OCL formally given you their recommendations? Is the investigation complete?

        If you haven't had your disclosure meeting with the OCL, then any court date is a waste of time. Call your OCL rep and find out if they will be ready for disclosure before Dec 6. Unlikely if you haven't heard anythign yet.

        If you need to postpone trial management it is best to get the ball rolling now, as you will need to set a new court date.

        Comment


        • #5
          No, we haven't heard a thing from the OCL. The investigation is still open as far as I know. Last we heard we had to sign consent for him to go to the kids school and interview the principals and teachers.
          The last time we needed to postpone, he was like...."Oh ya, I won't be ready by then anyway". He took our request and filed it at the court himself, and got the court date of Dec.6. I don't really want to postpone, I don't want to look bad, however, with distance etc being a factor, I don't want to lose a days pay for nothing either.
          So if we get no paperwork from Applicant, the TMC will still go forward???

          Comment


          • #6
            Prepare the paperwork anyways, wait for the applicants TMC then go from there. You will probably be served last minute. The ex being the applicant has to serve the paperwork 1 week before the conference so that's why it's not ready or your spouse has not seen it yet.

            Comment


            • #7
              We adjourned our case conference 3 times waiting for the OCL report, then ended up at settlement conference without warning, and without the settlement briefs filed for either applicant or respondent. Anyway, it's better to adjourn then waste the courts time and resource.

              Comment


              • #8
                I think that is what we are going to do. If I count court days, 7 full days(court days) would give her until this Wednesday/Thursday to get them to us. So I guess we will know soon enough.

                Comment


                • #9
                  We adjourned 3 times as well. Now we are done and no court date until Jan.

                  Comment


                  • #10
                    Well hopefully we can do the same. Don't really need that added stress right now.

                    Comment


                    • #11
                      In our case, when the OCL advised that they would not be ready to present their recommendations, we simply submitted a motion 14B asking for an adjournment. It's simple enough to file but you should be sure to include when the OCL has advised that they would be ready.

                      I got the impression that the OCL are overworked...

                      Comment

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