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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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  #61  
Old 05-23-2014, 01:18 PM
ninehundredt ninehundredt is offline
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Originally Posted by FB_ View Post
Sorry I assumed when you said "your Lawyer" that he was doing the work and you were paying for it.

Offers to settle need to follow existing service rules but not filed with the court. I think anyway, others can confirm.
No I simply can't afford to pay a lawyer for anything other than guidance at the moment. I'm doing the brunt of the work myself. If things start to get tense my lawyer will step in as needed.

I could file any unanswered offer to settle in the evidence stack for proof of efforts made. Let's see if anyone else chimes in on the subject.
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  #62  
Old 05-23-2014, 03:14 PM
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Originally Posted by ninehundredt View Post
No I simply can't afford to pay a lawyer for anything other than guidance at the moment. I'm doing the brunt of the work myself. If things start to get tense my lawyer will step in as needed.

I could file any unanswered offer to settle in the evidence stack for proof of efforts made. Let's see if anyone else chimes in on the subject.
Unanswered offers cannot be filed as evidence. The judge can only see them after a decision is made. They are used in the determination of costs only.

It is very common for offers to go unanswered. I had 7 of them go unanswered. The pressure of a looming long motion finally got mine settled 2 days before the motion based on my offers.

You can file them with any conference though as the whole purpose of a conference is to settle matters, but they will not be a part of the continuing record.
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  #63  
Old 05-23-2014, 03:22 PM
ninehundredt ninehundredt is offline
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Unanswered offers cannot be filed as evidence. The judge can only see them after a decision is made. They are used in the determination of costs only.

It is very common for offers to go unanswered. I had 7 of them go unanswered. The pressure of a looming long motion finally got mine settled 2 days before the motion based on my offers.

You can file them with any conference though as the whole purpose of a conference is to settle matters, but they will not be a part of the continuing record.
So how do you prove that you've made efforts at starting a dialogue if the requests aren't entered as evidence?
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  #64  
Old 05-23-2014, 04:24 PM
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So how do you prove that you've made efforts at starting a dialogue if the requests aren't entered as evidence?
A trial is a clean slate for everyone. The whole point of it is to prove your case. It has nothing to do with settling. Once an order has been given at trial the judge will talk about costs. It's at this point you prove to the judge you did everything in your power to settle this out of court. If the orders are in your favor (better or equal to what you offered) then the judge could order the other party pay your costs.

Offers to settle are valuable tools up until trial. The trial judge is not permitted to know what any offers to settle were.
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  #65  
Old 05-27-2014, 05:37 PM
ninehundredt ninehundredt is offline
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Just tell the judge at the case conference you attempted to restore access number times as noted in Letter xyz. You were denied access without reason. I guarantee you will get something at case conference.
Sorry I've been running around like a madman trying to get all my filing prepared to mail out at the end of the week.

I was under the impression that the judge couldn't make orders at the case conference.

When you said "I guarantee you will get something at case conference" is that what you were referring to?
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  #66  
Old 05-27-2014, 05:40 PM
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Sorry I've been running around like a madman trying to get all my filing prepared to mail out at the end of the week.

I was under the impression that the judge couldn't make orders at the case conference.

When you said "I guarantee you will get something at case conference" is that what you were referring to?
The judge will very strongly urge an agreement on consent. It will not be what you want but should be something

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  #67  
Old 05-27-2014, 05:44 PM
ninehundredt ninehundredt is offline
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The judge will very strongly urge an agreement on consent. It will not be what you want but should be something

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Let's hope so. I scheduled the motion (asking for temporary access) for 10am a couple days after the conference. I'm hoping the judge will endorse my requests after the conference so this will go smoothly.

I'm not so concerned about having an agreement in place (I am certain she will drag that out), but rather focused on regaining access to the kids.
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  #68  
Old 06-09-2014, 05:05 PM
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Because of some confusion at the courthouse my case conference has been postponed again (yay for bureaucracy). My ex and her lawyer tried to get me to agree to an order of supervised access at a centre, but I declined. I'm fairly confident that I'll get proper access once the motion is heard a couple days after the next case conference.

Surprisingly enough they agreed to a visit on Father's day...which is great news since I haven't seen my kids in over a month. At the same time it kind of begs the question...why insist on supervised access at a centre when you're willing to agree to access outside of one?
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  #69  
Old 06-09-2014, 05:27 PM
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paco paco is offline
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Happy for you, next time you should focus on increasing access unsupervised, explaining that they agreed to have your kids unsupervised on Father's Day so that going forward it should stay the same. Everything should gravitate around this.

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  #70  
Old 06-09-2014, 05:28 PM
ninehundredt ninehundredt is offline
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Happy for you, next time you should focus on increasing access unsupervised, explaining that they agreed to have your kids unsupervised on Father's Day so that going forward it should stay the same. Everything should gravitate around this.

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Access on Father's day isn't unsupervised unfortunately, but you take what you can get. My ex will be there the entire time. I'll be asking for unsupervised access when I file my next motion in a month.
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