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  • Documents for case conference - help needed

    I just opened the file with the court and served the papers to my stbx. I have the first case conference in 3 weeks. I applied for divorce + custody, access, equalization, etc, everything since we could not agree on anything so far. Now I have to go back to court and create the continuing record. I am self-representing and found out I am missing some info in the documents so far. For example:

    - Form 17 - Conference Notice - I indicated the CC would deal with the following issues: divorce, custody, access, equalization, sale of property (matrimonial home), costs, interest.
    - Form 17A - CC Brief General - I indicated as issues in sec.11 access to children and equalization of net family property. Sec. 12 i indicated my proposed schedule with the children and disposition for sale of matrimonial home. Sec.13 requested a temp order to set minimal price for sale of MH and to set access schedule as described in sec.12. In sec.21 I asked review of equalization of net family property.

    I realize I did not mention anywhere in the application why I deserve 50% access to the children, that I would pay child support according to the guidelines, maintain current life insurance coverage and health and dental coverage for the children, and how I want the financial/equalization issues resolved.

    As I thought this is an "informal" meeting, I did not prepare a
    document telling my story in summary form in the fact section with numbered paragraphs. I made no reference to any provisions in the legislation (Family Law Act and Children's law Reform Act) which govern my situation and did not provide facts that show I am entitled to the relief I ask for before a judge can order it. (truth be said, I don't know which cases to refer to, exactly). My situation is pretty clear cut: i am fully involved with the children, similar salaries, still living in the home, asking 50-50 access, etc.

    Would you please offer any legal references I could include in my summary document?

    Is it too late to attach this summary document to the file when i create the continuing record? Do I have to serve the summary document to the respondent? Is there another timeframe that i need to respect in serving?

    In this summary document should I give any specific examples like "I take the kids on trips: on May 10 2010 - Quebec City, on July 15 - Aquapark, and so on?"

    Thank you!
    pinto

  • #2
    The continuing record is maintained by the court office with the official copy of any documents, forms and affidavits served on the other party. Unless there is a specific court order which forbids additions to the record (not likely), you can add to the continuing record at any time. In this case, you could add an Affidavit (14A) outlining your situation with the same format you mention: numbered sentences/paragraphs. If you have evidence to add (journals, statements, records) you can add them as exhibits to the affidavit as well; in this case, you must state what the exhibit is in the affidavit and how it relates to your case.

    When you file the Confirmation of Attendance you can make a note to the justice to review the Affidavit.

    Given the timelines, you must do your affidavit pronto, and serve and file in case the opposition wishes to respond in kind to your points.

    As for legal references, your case does not have details to know what to refer to. However, assuming you are self represented, a justice isn't going to look at your legal references - most justices will bypass case law presented by self represented parties as the issues tend to be the simplest application of family and divorce law. Don't worry about that part - focus on your family's needs by way of factual arguments and demands based on consideration of SSAG and CS tables.

    FG

    Comment


    • #3
      Thank you for the reply, fieldgray. Just one clarification, if I may. The case conference is scheduled in 3 weeks. Serving the affidavit and additional documents means I will have to postpone it, correct? The respondent should have 30 days to reply...

      Thank you,
      pinto

      Comment


      • #4
        Originally posted by Pinto View Post
        Thank you for the reply, fieldgray. Just one clarification, if I may. The case conference is scheduled in 3 weeks. Serving the affidavit and additional documents means I will have to postpone it, correct? The respondent should have 30 days to reply...

        Thank you,
        pinto
        Technically there is no filing deadline on an Affidavit, unless ordered by a judge or in conjunction with a filing deadline on other court documents (such as a 14 or 14b motion). You should serve and file it ASAP and then let the other party act if they want a delay. I doubt they will: a case conference is a session for review of case, procedural and evidentiary matters, it's not a hearing require all evidence.

        Note that even the case conference brief itself will be returned to you at the end of the conference, as it is excluded from the continuing record. Often this is why litigants will jam all sorts of accusations and complaints into a brief that are never found in the record.

        A 14A Affidavit however will be part of the continuing record .

        FG

        Comment


        • #5
          I did not know you could make a note for the Justice to review an affidavit before a case conference. What benefit does that have and what kinds of information are best to get him to review before hand.

          Will a Justice review your paper work at all before trail? Or only if you make a note of it.

          Comment


          • #6
            Originally posted by viper56power View Post
            I did not know you could make a note for the Justice to review an affidavit before a case conference. What benefit does that have and what kinds of information are best to get him to review before hand.

            Will a Justice review your paper work at all before trail? Or only if you make a note of it.
            Whether a case justice looks at anything in depth beyond the brief is a crap shoot. The conference briefs are meant to allow the justice to view the case in summary form. They don't have the time trial justices are given for case review. Trial justices are expected to be given the evidence for judgement, although a trial justice may review parts of the trial book, such as initial pleadings, admits, previous orders.

            FG

            Comment

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