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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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Old 05-10-2007, 01:04 PM
dickstacie dickstacie is offline
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Default case conference coming up soon...need reply..asap..please

I received a case conference brief from my ex's lawyer today. They are defamating my character stating that I am keeping my son from my ex..which isn't true, I have been very generous. I have been amiacable with my ex and we had both agreed on the status quo access...its has been going on for 8 months. Anyways..since he hasn't submitted an affidavit, can I do a reply affidavit to his case conference brief? He has made me out to be really horrible which I am not...our situation was working until I served him with court documents.
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Old 05-10-2007, 01:37 PM
jlalex jlalex is offline
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We just went through a case conference in March so I'll try help as best I can.

I am assuming that you requested the case conference and that you have already filed your case conference brief. From my understanding and experience the case conference is pretty casual and no major orders will be made. It is more likely the judge will read both sides briefs and may make temporary orders for things like support and access assuming it is agreed upon by both parties.

I think a lot will depend on which judge you will have. Our lawyer told us case conferences usually last about 20-20 mins..ours went almost 2 hours, mostly with the ex blah blahing about various things.

In our case the judge ordered that the office of the childrens lawyer get involved ( both sides requested it) and encouarging shove towards her co-operating with visitation and access. She was asking for spousal so the judge order further proof of her financial circumstances and expenses ( I don't know if that is the norm as she was making rather wild claims on her expenses) and due to illness have to submit her hospital records for the last 3 years..we did not ask for this but the judge ordered it as he felt it was important to get the full picture on her health situation. As well as making all the childs records available to us such as school and medical records. The judge further ordered that we return by October 2007 to help things proceed along.

I don't know if this was much help, but keep in mind the case conference is but a small step on the way to getting things resolved unless the two of you come to an agreement yourselves.

In regards to his brief that was filed, I don't think there is much you can do in regards or in time for the case conference, but you can be ready with evidence or start gathering it to refute his claims. Keep in mind judges tend to operate on facts not the opinions of the people before him. During our case conference the ex kept saying things about what a bad father my common law husband is, but the judge kept pointing out that she didn't have anything to back it up and it was simply her opinion.

Good luck!
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Old 05-10-2007, 04:38 PM
dickstacie dickstacie is offline
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I do have time to prepare a reply affidavit, it has to be in by tuesday at 2pm. I am working on it. I have 1 witness affidavit that will be sworn tomorrow stating facts that go against what he has said in his case conference brief. My witness (my boyfriend) has been witness to everything that has happened and most conversations between my and ex and myself for the last year. The case conference brief that they served me with today isn't even signed by him, his lawyer signed for him on that line. His statements are sooo full of lies and I have witnesses to prove it. I have medical documents as well to attach to my new affidavit. My ex had made an incident report to the police on April 26, 2007 but in their bried they state that it was May 26th..its only the 10th today. I don't know what incident they are referring to since we were home that day after school as normal and nobody came knocking on the door. I would like this to go to trial so I can question witnesses to prove his lies. I wish I could charge him with slander, since I have a witness to help prove that almost 9 months ago, he consented to the current status quo. If anyone else has any opinions on this, some advice would be great!
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Old 05-10-2007, 08:39 PM
logicalvelocity logicalvelocity is offline
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dickstacie,

you have done all you need to do for the case conference as long as you served and filed a case conference brief. When you receive the individuals affidavit, that will be the time to complete, serve and file a reply affidavit.

As jlalex has mentioned, the case conference is generally casual and no significant orders will be made other than procedural issues or unless there are orders to be made on consent of the parties.

If your lacking any documents you feel are relevant or financial information from the individual, the case conference would be the time to ask the Judge.

The next step would be a motion date and that is where the parties sworn affidavits will come into the equation.

lv
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Old 05-10-2007, 09:15 PM
dickstacie dickstacie is offline
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Our motion and case conference are on the same day according to my papers. My ex didn't submit an affidavit, just a case conference brief full of lies which my witnesses will state as such in their sworn affidavits tomorrow. I have finished my reply affidavit and it looks ok...need more room though..ugh..i kept it short and sweet. Do I need to make a separate 14c for the motion as well as I have submitted mine for the case conference. Since the times are at the exact time..does that 14c cover both? I have some time and we are all going to the courthouse tomorrow to swear stuff and file.
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Old 05-10-2007, 10:14 PM
logicalvelocity logicalvelocity is offline
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dickstacie,

I suspect they din't file their affidavit material as a delay tactic and they will be seeking an adjournment for the motion.

You could go ahead and file an additional 14C for the motion, however it may be adjourned.

Did the party serve and file a sworn financial statement for the case conference? If not seek an order from the court for them to do so.

Send me an email and I can send you an unlocked form.

logicalvelocity@yahoo.ca

lv

Last edited by logicalvelocity; 05-10-2007 at 10:19 PM.
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Old 05-11-2007, 12:39 AM
dickstacie dickstacie is offline
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Thanks again, your the best. I had only submitted one 14c confirmation, I will submit another one for the motion as well tomorrow. I figure that he's waiting to make an affidavit and serving and submit right on the deadline so I won't be able to make a reply. Anyways, I have my witnesses swearing statements so who knows. Im just glad to know that this time if I don't agree with anything, I don't have to sign. I'm just really afraid of the judge since I've found if your self-represented you don't get the same respect. I'm just hoping that the judge sees his statements for what they are and that status quo with prevail!
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