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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 04-05-2010, 03:03 PM
digitalkreation digitalkreation is offline
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Default Case Conference Form 17a - Questions

Hi all,

I'm representing myself in court on a custody/access/child support petition. Much of the case conference brief is pretty straightforward, but I'm curious about a few things:

Section 7 - How should I obtain the correct income of the opposing party? I question what little info I've been given so far.

Section 16 - What's a custody/access assessment? I'm asking for sole custody and generous access for the opposing party, so I think I'm good, but I'd be feeling stronger if I could get some detail on what the assessment is.

Section 17 - This seems a big one. Sure, I'd like to get some disclosure from the other side such as a full financial disclosure, but is this the place to request a witness list (of the opposing party) and all that? Is this where I could ask the court to subpoena a witness for my own behalf, such as a police officer or something?

Section 18 - What sort of procedural orders would be requested? I'm wondering what I should be thinking of, and what possibilities would be lurking from the other side.

Thanks so much everyone, I'm really grateful for all replies and all the info I've learned from the website. The law in my eyes is becoming MUCH less daunting.

Shea
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Old 04-05-2010, 03:30 PM
Mess Mess is offline
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The brief is a summary of what you put in your application and reply. It should be short version, something the judge can read over in 2 minutes as opposed to going over what is probably several pages in the application.

Think of it as a "cheat sheet" or notes that the judge will refer to during the case conference conversation, instead of flipping back and forth through a stack of papers. The brief should outline in point form what you wrote before, but not be filled with detail. If the judge needs detail, they will ask.

Be clear about anything you think you can get at the case conference anything you want to bring up later for a motion.

Like an order for custody according to a certain schedule, a support order, etc. These would just be temporary orders and you don't have make the full argument you would at trial.

Each conference you will do a brief for, so this is just for this one case conference. Most of the questions you are asking should have already been covered in your application.

For 7 put your estimate. Among the things you should be asking for is disclosure of his current income, like copies of paystubs, etc.

For 16, if you want an assessment you should have been working on this long before now. A private assessment would cost thousands of dollars. An assessment by the OCL would be months and months, and you probably wouldn't qualify. You should have written up the need for an assessment in your application and the brief would be to ask for the immediate order so it could be done to proceed to trial.

17, this is where you ask for document disclosure, especially you want financial disclosure right now. You can ask for a list of his witnesses, but each side is required to disclose this info before trial anyway. Nothing to do with your own witnesses, the onus is on you to set that up. If you want a police officer to come in from Edmonton, you should really be using a lawyer for this. In your situation you should request copies of police reports.

18,
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Old 04-06-2010, 08:34 AM
imanex imanex is offline
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Hi All

I'm kinda new here. Self representing at a case conference on April 19th. I need confirmation of the filing dates for the brief. As the applicant I have to serve and file 7 days before the date. If the date is Mon. April 19th do I file this Friday or Monday. I'm not sure if the weekends are included. Please help. Thanks
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Old 04-06-2010, 11:49 AM
representingself representingself is offline
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Quote:
Originally Posted by imanex View Post
Hi All

I'm kinda new here. Self representing at a case conference on April 19th. I need confirmation of the filing dates for the brief. As the applicant I have to serve and file 7 days before the date. If the date is Mon. April 19th do I file this Friday or Monday. I'm not sure if the weekends are included. Please help. Thanks
You need to read the RULES!!!

CanLII - Family Law Rules, O. Reg. 114/99

You really shouldn't wait until the last minute to file/serve your documentation... if you forget something or want to add something, then you have no time to do so...

Also, if you wait, then the Respondent will also wait... and if he/she does, and their Case Conference Brief is filled with accusations that you want to respond to.....then you will have less than 4 days to serve/file a reply.
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Old 04-06-2010, 01:48 PM
decent fellow decent fellow is offline
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Won't the Respondant naturally tend to wait until the last minute anyway? (so as to minimize the window of time that the Applicant has to formulate a reply to any accusations they make)
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Old 04-06-2010, 05:02 PM
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blinkandimgone blinkandimgone is offline
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That seems rather petty.
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