Announcement

Collapse
No announcement yet.

DRO Conference

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • DRO Conference

    How "sharky" do DROs tend to be? We have a conference this week to settle our custody dispute. BM hasn't responded to our court filing for 50/50 custody after setting status quo for a year. She had an extension to file her response and has yet to do so. After conferencing with a lawyer, it appears to her and us that BM is trying to stall because she doesn't want the change the amount of child support she will be receiving since we've paid full support while having 50/50 since last summer. Is there a chance the DROs will shut her down or are we looking at an OCL which we are suspecting she might request to drag this out further. It's worth noting that DSD is back to coming happily to our house for our days and as always is happy to be with us!
    Thanks

  • #2
    Depending on where you are and what your DRO is (judge or lawyer) you could have some help or it could be a complete waste of time. My partners DRC was the complete waste of time. The DRO was a “baby lawyer” as my partners lawyer called him and while he told the ex all the shit she was saying and demanding was irrelevant, it meant nothing. She agreed to a few things then changed her mind outside the room. The DRC was 15 months ago and the ex filed a motion for disclosure if all the things she was told by the DRO was irrelevant a year later. (I know all this from the lawyer and my partner, I wasn’t in the room).

    DRCs are supposed to be a helpful first step to get parties to a settlement conference without needing numerous case conferences. They are not binding, have no power to order anything and are zero help if the DRO is not a legitimate officer of the court (ie a judge). I think they should be stopped immediately.

    My best advice is to go into it with no expectations and plan to file for a case conference the moment you walk out the door.

    Comment


    • #3
      Thank you for your response!
      All of this was settled in mediation already but she isn't filing her paperwork and is dragging her feet about it all. We thankfully have 15 months of established status quo going for us.
      Our conferences are held with senior lawyers but I will lower my hope that everything gets settled Friday.

      Comment


      • #4
        My case was similar to yours. They may attend asking for more time and to schedule another case conference, but don't let them. If nothing can be agreed to for an order on consent, then push to schedule your next date for a settlement conference in front of a judge (which may take a little longer, but either way you'll get a date set). This way, with the case conference complete, you'll be able to bring a motion to address your issues right away.

        Comment


        • #5
          Dont know much about DRO's but I do think an OCL request will drag this out another 6-9 months. At least that is what my ex is trying to do. I have mixed reviews about OCL from what I have read on here.

          Are you paying through FRO? If you dont have a court order yet, why are your paying full cs?

          Comment


          • #6
            We are paying through FRO yes. Current court order gives joint custody with 50/50 at some point in the child's life. Up until last summer we had EOWE and one night during the week. Last summer we switched to a 2/2/5/5 schedule. We gave it 14 months before we filed to adjust custody to legally 50/50 and adjust support amount. They agree and sign an agreement in mediation I'm support of this. Day of court BM decides she no longer supports 50/50 and DSD no longer "wants to come"... total BS lol she also never filed paperwork. She was given an extension but still hasn't served my hubby.

            Comment


            • #7
              Since Thanksgiving though DSD is back to 50/50 and happy to be with us when shes here

              Comment


              • #8
                I would love to get this to a judge! We conferenced with a lawyer who told us that it's obvious to her that BM is just doing this to keep us paying her full support. Especially with some of the text messages we have.

                Comment


                • #9
                  They'll delay as long as you let them. You need to get to a motion asap.

                  Comment


                  • #10
                    What motion do we need to file?

                    Comment


                    • #11
                      You need to ask for a Case Conference then ask there for a Motion for Access. I realize now that this is not the norm, but I had a Judge order access at the Case Conference, then managed to get it changed at a Motion, so you never really know in this crazy system called Family Law.

                      So ask for a Case Conference at the DRO, I believe its the next step if you cant resolve your issues. Its does take time depending on how busy your courthouse is , but if ex is asking for OCL this may delay any Conference and Motion until a report is done.

                      Comment


                      • #12
                        DRCs are supposed to be a helpful first step to get parties to a settlement conference without needing numerous case conferences. They are not binding, have no power to order anything and are zero help if the DRO is not a legitimate officer of the court (ie a judge). I think they should be stopped immediately.
                        There are pros and cons, but DRO is just as useful as a case conference in front of a judge. Whether it's to sign off on a consent order or authorize DRO's procedural orders, it's about a 5 minute wait for a judge to sign off on it. The biggest thing is to get your next date set.


                        What motion do we need to file?
                        Depending on what you're asking for in your motion to change. Access, support, s.7, etc. You can file a short or long motion to let a judge decide and make an order. More complex issues may need a full trial.


                        So ask for a Case Conference at the DRO
                        DRO = case conference. You may schedule another case conference or settlement conference at your DRO. If you're looking to move things along, book your SC and hope that a motion will address things before that. If you book another case conference, you'll have to wait longer to bring a motion.

                        Comment


                        • #13
                          You cant file a motion without attending a conference first. The DRC is technically a conference but its loose at best. Once you attend the drc, see how things go but again, like a conference, the ex doesnt have to agree.

                          After your drc, get a cc date to move it along. You can also get on a trial date list too but getting a date for the next conference will help you.

                          You already have a motion before the court. A second motion is not needed. You need to get in front of a judge.

                          Comment


                          • #14
                            After your drc, get a cc date to move it along.
                            HM's ex would want another cc date to further delay the matter, but if you're looking to move it along, book a SC.

                            You can also get on a trial date list too but getting a date for the next conference will help you.
                            Why would booking another case conference help HM?

                            You already have a motion before the court. A second motion is not needed. You need to get in front of a judge.
                            I'm not sure what you mean by this. The only thing that will help is a motion or trial. HM needs to get to that, not another CC.

                            Comment


                            • #15
                              Originally posted by StillPaying View Post
                              HM's ex would want another cc date to further delay the matter, but if you're looking to move it along, book a SC. Why would booking another case conference help HM?
                              DRCs are only held in certain jurisdictions in the hope it can get the parties more organized and able to jump to a settlement conference. DRCs are much like mediation. Depending on how this conference goes, they can either go to a case conference or a settlement conference. If the other party is unwilling to settle then they will need an order for updated cs which will happen at the cc. If the other party is willing to settle then they can go straight to a settlement conference.

                              The other party doesnt have to agree at a conference. Thats the most important note. If the ex is completely unreasonable and UNWILLING to agree to the change then conferences do little. The DRC will give a little clearer vision on this.

                              I'm not sure what you mean by this. The only thing that will help is a motion or trial. HM needs to get to that, not another CC.

                              They already have a motion to change before the court. What other motion are they going to go with? They can’t file a second motion to change custody/cs. They need to go through the process. Depending on how the DRC goes, they can either file for a conference or request to get on the trial list. Otherwise they are stuck in this ongoing situation.

                              Have you made an offer? You could offer to waive the retro over payment of cs in an effort to reach an agreement. If they refuse you will seek full payment of the over paid cs amount.

                              *I’m not a lawyer but my partner is going through something similar. MTC cs and s7. They had a DRC in 2017. Ex refused disclosure agreed at that. Sent a list of disclosure requests that are irrelevant. No cc or sc filed for. My partners lawyer has been trying to get a sc date as he is convinced the issues are easy to settle. The ex has filed a motion to compel disclosure of irrelevant items. I asked about this motion because they haven’t had a conference and this is for irrelevant disclosure. Lawyer said she can file this motion but not a separate one for the issues already before the court. He also advised that filing for summary judgement is never successful and not worth the time and money. If the ex continues to drag her feet he will bring a request to compel her attendance at a conference.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X