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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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  #1  
Old 09-26-2013, 02:29 PM
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plainNamedDad44 plainNamedDad44 is offline
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Default Should I try to avoid a Motion ?

Hi All,

Had case my conference today. Her lawyer was seeking an order for supervised access to continue until I produced a letter saying CAS is not looking for supervised access anymore as there are no ongoing concerns.

The Judge agreed that in light of this letter much more access should be granted, but no (consentual) order was borne out of the case conference.

So now I am preparing file a Motion seeking expanded access with the CAS letter and a bunch of other exhibits attached to have my access expanded.

My question (maybe dumb) is should I write a letter prior saying "Look, I want more access, the Conference Judge agrees with me, and if you are not going to cooperate then I will file a Motion" ?

Or should I just file the darn motion ?
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Old 09-26-2013, 03:22 PM
firhill firhill is offline
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If you and your ex can, without the court action, agree to the increase in access then that certainly would be the way to go, although I don't know if you should include what she may view as a perceived threat of filing a motion if she doesn't increase access.

If you do end up filing just make sure that you have can prove a significant change in circumstances.
I filed, after the SC judge blasted my ex for not having increased my access, but the judge who heard the motion found no such change in circumstances and awarded full costs against me.
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Old 09-26-2013, 03:35 PM
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plainNamedDad44 plainNamedDad44 is offline
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Quote:
Originally Posted by firhill View Post
If you and your ex can, without the court action, agree to the increase in access then that certainly would be the way to go, although I don't know if you should include what she may view as a perceived threat of filing a motion if she doesn't increase access.

If you do end up filing just make sure that you have can prove a significant change in circumstances.
I filed, after the SC judge blasted my ex for not having increased my access, but the judge who heard the motion found no such change in circumstances and awarded full costs against me.
Well I believe the significant change in circumstances is the change is CAS's position in terms of no supervised access. No ?
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Old 09-26-2013, 03:45 PM
firhill firhill is offline
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Quote:
Originally Posted by plainNamedDad44 View Post
Well I believe the significant change in circumstances is the change is CAS's position in terms of no supervised access. No ?
I agree 100% it constitutes and warrants a change/increase, but you always have to consider the "unknowns" the judge brings.

Is the judge still living in the 80's?
Did the judge get out of the wrong side of bed in the morning?
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Old 09-26-2013, 04:52 PM
takeontheworld takeontheworld is offline
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I would email your ex or her council. Firhill was right, maybe best not to threaten. But let her know she has a week to respond. If she noes not reply within the week that you will assume her answer is no. Then you should file your motion.
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Old 09-26-2013, 05:03 PM
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thanks. This is the best forum ever.
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  #7  
Old 09-28-2013, 11:54 AM
yhm yhm is offline
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I believe that Case Conference proceedings are inadmissible, so your motion has to stand alone.
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