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  • Case Conference

    My first Case Conference is set. My ex has a lawyer and I do not. Can my common law attend the CC? Not just for support but to address the Judge as well? I have a feeling that I am going to stumble along....also when I get nervous.....I am afraid that I may miss something important the judge will say. We've been together for almost 10 years now and he has lived as much of this nightmare as I have.
    I am looking for CS from my ex as my child's living arrangements have changed.
    He is disputing the Support Amount, the Date she moved and is now trying to get back support and reopen our separation agreement.
    Its way too complicated to go into ....
    So can I bring someone other than a lawyer who can address the judge with me to my CC?
    Last edited by Sinkingfast; 11-24-2013, 12:41 PM. Reason: grammar mistake

  • #2
    Originally posted by Sinkingfast View Post
    My first Case Conference is set......I am afraid that I may miss something important the judge will say.
    Get yourself a voice recorder and ask the judge for permission to record the conference.

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    • #3
      So I take that to mean, I go in alone? If that is the case...I will take your advise. I never thought of that. Thank you.

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      • #4
        Your support will be allowed to attend, just not likely allowed to sit beside you and/or speak on your behalf.
        Always ask permission for everything though.

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        • #5
          Again...thank you!

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          • #6
            No.

            Even if you could, it would not bode well for you as it would simply look bad in that it might give the appearance of ganging up on your ex.

            My ex tried that and the g/f was promptly removed (from the front table beside my ex).

            You can take notes or, as firhill has suggested, get prior permission from the judge to record the conference.
            Last edited by arabian; 11-24-2013, 12:57 PM.

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            • #7
              My strategy for going up against the ex and his lawyer is going to be to listen to the judge, and only the judge. If they want to bring up anything new, they'll have to do it in paperwork, right? (that's a genuine question)

              In previous conferences, where I had a lawyer, I really found that not much happened. Questions and answers and some thoughts from the judge. In hindsight, I wondered what the purpose was really.

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              • #8
                I believe in the old days CC were referred to as "discovery" were they not? The whole premise was to exchange information and therefore get an idea of the strength or weakness of each other's arguments before going to trial. It is supposed to basically encourage out-of-court settlement. I've noticed the terminology for various processes seems to differ from province to province. Judicial dispute resolution in Alberta is JDR. In other places it is simply referred to as binding or non-binding arbitration.

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                • #9
                  Originally posted by arabian View Post
                  I believe in the old days CC were referred to as "discovery" were they not? The whole premise was to exchange information and therefore get an idea of the strength or weakness of each other's arguments before going to trial. It is supposed to basically encourage out-of-court settlement. I've noticed the terminology for various processes seems to differ from province to province. Judicial dispute resolution in Alberta is JDR. In other places it is simply referred to as binding or non-binding arbitration.
                  It's odd - when I had a lawyer, I didn't even think much of these case conferences. I didn't really know the purpose and the outcome from them held no weight. I remember the judge speaking quite harshly to the ex in the very first case conference years ago, but it didn't seem to make any difference in the long run.

                  But, my current husband, who was the respondent in his issue, got everything settled in his case conference. Well, everything financial which was the applicant's only real concern. He was really happy with the outcome and felt that the interjection from the judge and duty counsel actually brought his ex around to a reasonable position and an agreement was able to be made.

                  Is it possible that the judges try a little harder in self-repped case conferences to narrow issues and move forward?

                  I attended three of them while represented and the lack of movement towards resolution was incredible. Again, after I left I was always thinking - what was the point of that?

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                  • #10
                    If you haven't done so very recently, I'd also suggest you submit an Offer to Settle for with your CC brief.

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                    • #11
                      You can bring someone but they will not allow to speak with judge. They can sit at back and take notes. Tape recorder good idea. I nevr try it

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                      • #12
                        I don't know what I could settle on....I am only asking for the tabled amounts plus back support from when my daughter moved in with me. Again based only on the tabled amount. Anything less would be off the table.

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                        • #13
                          Originally posted by Sinkingfast View Post
                          I don't know what I could settle on....I am only asking for the tabled amounts plus back support from when my daughter moved in with me. Again based only on the tabled amount. Anything less would be off the table.
                          I hear you there. The courts want you to settle, even if it means settling for less than you're owed. Maybe it's the reason some people pump up their claims to begin with, so settlement will be somewhere in the reasonable range.

                          An Offer to Settle will assist in the future for costs awards, amongst other things. You'll be the "reasonable party".

                          Only you can determine what you're willing to live with as far as custody, access and child support are. Make a list and cross off anything you can live without and incorporate it into an Offer to Settle. Remember, if they agree, it's done. But, they're likely to come back with their own Offer to Settle.

                          Yes, it will feel like buying a used car. At least it did to me.

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                          • #14
                            Its very hard to "offer to settle" when I didn't pump up my settlement. Actually we already let him off the hook with my over-payment to him. We are going for our first case conference in Jan and I am working on the Brief now. We are still waiting for his NOA's. What he was able to "slip by the clerk" was unverified and incomplete income tax forms, his form 13 is a complete mess, (He has stuff on there that isn't at all true plus he listed his home as a debt and not a asset, mysterious loans for things he doesn't own, plus he had property titled in his name in another province that didn't show up on his form 13.) All in all he makes is excess of 150,000 per year and is showing his net worth as -300,000.
                            Why he is doing this I do not know....BUT I will heed your advise and maybe cut down on some of the 20,000 plus he owes in back support as a show of good faith.... UGH!!!!

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                            • #15
                              Don't offer any sort of deal until you have received COMPLETE financial disclosure.

                              Comment

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