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  • #31
    Respectfully, a lot of what you're saying is incorrect.

    Originally posted by rockscan View Post
    Some DRCs are held with a lawyer or clerk NOT a judge. In that case there can be no orders whereas in a case conference there is a judge leading it and they have the power to order disclosure, support changes and more.
    I don't think any DRO is a judge. But a judge is always available to them to sign off on any orders needed or made on consent at the DRC. Only a couple minutes wait.

    The reason I asked is because it doesn’t sound like there was any movement and they must now go to a case conference. The other poster can go to a motion though as a DRC is considered a conference for that purpose.
    jj said he had a scheduled case conference, did it and is now getting ready for a motion. Why would you think he needs another case conference?


    Originally posted by rockscan View Post
    You need a settlement conference or a motion if the other side refuses a settlement conference.
    I'm not sure what this means. But after a case conference, anyone can bring a motion. If no immediate orders are needed, then no motion is needed. Anyone can then book a settlement conference or proceed to trial.

    My partner went through a DRC and it was held by someone who had no skill in doing a conference. NOTHING was dealt with, the other side disagreed with EVERYTHING requested and they were left having attended the session with no clear direction on next steps. In the end, the request for disclosure (he disclosed everything, she refused) was not responded to for five months.
    This sounds like everyone's experience at a conference regardless of DRC. So you had a case conference. Why wait 5 months? Your partner could have brought a motion for disclosure right after their DRC.

    Eight (!!!) months later she filed a motion for disclosure requesting info that had no relevance. The motion judge ordered the original disclosure from her and they can now go to a settlement conference next year. A year was wasted due to the DRC because the other side disagreed.
    Because they completed a case conference, the other side was free to bring a motion as well.

    This is why it is so important to go into each step knowing what the next step should be. You should have scheduled your SC at the DRC. If not, you should have scheduled the settlement conference on your own any time during that year.

    I am asking OP about his conference because it sounds like a waste of a conference and he should push for a motion.
    It was a case conference, so SC or motion would be next steps.
    For your partner, trial or a trial management conference would be next steps after your SC.

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    • #32
      Originally posted by jjsticker View Post
      Just thought we would motion next available opportunity .
      This is what you need. I also think it was good you didn't consent to the eow order and jeopardize your previous 50/50 agreement.

      My only concerns would be having 50% during summer vs during school and how it came to be that 50% was allowed to be reduced to eow. It's great you see the kids a couple hours everyday, and it should help, but overnights will count more.

      Comment


      • #33
        It was not without a fight she called the cops 3 times and the cops always left the child with me as they cant remove the child from who is with they cant even enforce the separation agreement and when she would have him longer then our agreed upon time I would call also and they would leave the child with her.
        They would say we can only enforce a court order.
        My lawyer told me not to subject my son to this drama .
        Hope shes right

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        • #34
          Respectfully I was asking for more details on jjs appearance. His case involves custody which is not the same as financial motions and conferences. Knowing what a judge said at it would help suggestions for what he can do next. Advising someone to file a motion when he was ordered to complete xyz before the next appearance is not good advice.
          Originally posted by StillPaying View Post
          Respectfully, a lot of what you're saying is incorrect.



          I don't think any DRO is a judge. But a judge is always available to them to sign off on any orders needed or made on consent at the DRC. Only a couple minutes wait.
          Retired judges have been used at DRCs in some jurisdictions. Available judges MAY also be used as well. For the most part the DRC is to see if the parties can reach an agreement and/or determine what comes next. Its helpful to know what was said and what type of conference it was. The lack of movement suggests a DRC which could mean the ability to file a motion or simply a SC.

          jj said he had a scheduled case conference, did it and is now getting ready for a motion. Why would you think he needs another case conference?
          I never said he needs another case conference. I want to know what the leader of the conference said. In cases where custody is involved, judges tend to order cs changes, reports or even a set schedule to determine next steps. Jj didnt give much info. If it was a CC, the judge would have ordered full table cs. They sat at a table and accomplished nothing? Sounds like a DRC. Go through the forum with posts on custody and/or canlii and you will see some type of movement. There is info missing here.

          I'm not sure what this means. But after a case conference, anyone can bring a motion. If no immediate orders are needed, then no motion is needed. Anyone can then book a settlement conference or proceed to trial.
          While its great that everyone can bring a motion, its good to hedge your bets with a judge ESPECIALLY when it involves custody. If there was a discussion (or order in the conference) that hasn’t been adhered to and a motion was filed, a judge would not be happy. If jj is filing a motion to enforce custody or reach a final order on custody so be it but he opens himself to costs if he does something to piss off a judge.

          This sounds like everyone's experience at a conference regardless of DRC. So you had a case conference. Why wait 5 months? Your partner could have brought a motion...
          Actually, if we had had a case conference he would have had an order for disclosure which is not something. DRC can do. He had filed all his info, the ball was in her court and she was the moving party. They were trying to schedule a SC when she filed a motion for disclosure. The judge was livid and $$$ of costs were ordered against her for failing to provide disclosure, filing a useless motion and WASTING THE COURTS TIME. Filing a premature motion is a bad idea.

          It was a case conference, so SC or motion would be next steps.

          For your partner, trial or a trial management conference would be next steps after your SC.
          Im going to agree with my partners lawyer here on the advice that he wasnt going to file a motion without an attempt at a settlement conference.

          Comment


          • #35
            Originally posted by jjsticker View Post
            It was not without a fight she called the cops 3 times and the cops always left the child with me as they cant remove the child from who is with they cant even enforce the separation agreement and when she would have him longer then our agreed upon time I would call also and they would leave the child with her.
            They would say we can only enforce a court order.
            My lawyer told me not to subject my son to this drama .
            Hope shes right
            You did the right thing by keeping your child 50%. You even had the police's blessing.

            You will now have to explain why you willingly allowed ex to put you at eow, instead of just keeping your child 50%. Somehow the drama would have been worse for the kid if you weren't home or didn't answer the door to keep 50%, instead of consenting to eow?

            Comment


            • #36
              Originally posted by rockscan View Post
              Im going to agree with my partners lawyer here...
              I guess we'll agree to disagree

              Comment

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