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  • Motion after Settlement Conference

    Hi all,

    I have a settlement conference coming up to discuss child access/custody where I want to go to 50/50 from alternating weekends.

    I was thinking of booking a long-motion date now so that if we cannot settle our dispute at the Settlement conference, we can proceed quickly to Motion.

    There is a 2-month time period to book long-motions so I was thinking to tell opposing counsel to pick a date and book now. If we do settle, we can always cancel.

    What are your thoughts?

  • #2
    I am not very experienced in your touch so only offering my thoughts based on my own experience in the battle, and research, lawyer convos etc.

    In my view, EOW to 50/50 is a big change. If it’s not consented by the other side, it’s not likely that a judge would order that type of change. That’s why most 50/50’s graduate to 50/50 if it wasn’t previously exercised. You have to work towards it. Just my opinion but I could be wrong.

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    • #3
      You dont schedule a long motion, you move to trial and schedule a trial management conference.

      Comment


      • #4
        Can you elaborate?

        I called the court (Superior court) and they gave me dates for April for long motions.

        Why are you recommending booking a trial management?

        Mind you, my criminal trial is end of year in December 2020.

        Comment


        • #5
          Originally posted by LovingDad1234 View Post
          it’s not likely that a judge would order that type of change.
          Sorry, meant to say it’s not likely a judge would order 50/50 through a long motion in the middle of a case. The way court proceedings work is that you have Case Conference, then Settlement Conference (sometimes many of these), then Trial Schedule Conference, Trial Management conference, then Trial. Throughout the process, you can ask for a motion for an interim decision (interim Order) to have something be put in place until you have either settled, or gotten an order through trial.

          50/50 would occur by way of either you 2 settling, or going to trial.

          Comment


          • #6
            I'm not sure where you're getting your information from.

            That's exactly what motions are for. To allow the judge to make a decision on status quo. All the conferences are mediation sessions. If the Mother doesn't agree, nothing happens.

            Am I missing something here?

            Comment


            • #7
              Quote from www.familycourt.cleo.on.ca: “If you want the court to make a temporary order about some of the issues in your case, you can bring a regular motion. A motion is where a party asks a judge to decide specific issues before trial.”

              Motions are to get a decision ASAP while you are moving through your case. For example, if Party A and Party B are fighting over how much child support is to be paid, and Party A is paying $0, Party B can bring a motion for Party A to start paying until it gets sorted out via Settlement or Trial. Same goes for access. If mom is not letting dad see kids, and they cannot agree on what final access will look like, dad can bring a motion to get some access in place, on temporary basis, until matter is sorted by settlement or trial. Otherwise dad would have to wait till trial to have some access which could be 2 years down the road.

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              • #8
                Originally posted by rvalentines View Post
                Mind you, my criminal trial is end of year in December 2020.
                You can certainly motion for 50/50, but why would you get it if you are facing criminal charges?

                Hopefully your trial is in 2021 so you can stand up and say "those bogus charges were dropped so now I should have 50/50"

                ...assuming the charges were actually bogus

                Comment


                • #9
                  Originally posted by Janus View Post
                  You can certainly motion for 50/50, but why would you get it if you are facing criminal charges?

                  Hopefully your trial is in 2021 so you can stand up and say "those bogus charges were dropped so now I should have 50/50"

                  ...assuming the charges were actually bogus
                  He won't get 50/50. I'll eat my shorts if the family court doesn't say "go finish your criminal matter". But I'd be super interested to hear how this plays out for the OP.

                  Comment

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