Missed 30 day deadline

[first timer]

My husband filed and served his ex on Sep 11. He recently received a message from her lawyer letting him know that they were going to miss the 30 day deadline for filing and serving her response. Her lawyer asked for my husband's permission to file late and if her lawyer could sign the paperwork on my husband's behalf. Has anyone had a similar experience and if so what did you do?

[Edward]

Her lawyer to sign the paper on your husband's behalf? I don't get it.

But he is asking him for continuance since they missed 30 day deadline to respond. It is upto your husband to decide. Usually if they miss the deadline the case goes in "default" which basically means she agreed on your husbands claim.

But if they take it to court and give good reasons why she didn't respond in time, they might give her more time.

[frustrated11]

her lawyer should not be siging for him..

[representingself]

It is very common for the responding party to miss the 30 day deadline, even though the Family Law Rules explicitly state that a response must be filed within the prescribed timeline.

They are asking 'permission' but in reality, if you don't consent, the Judge will look at you as if you are being unreasonable... It is considered "professional courtesy" to allow the extension.

Now, I would not agree to permitting the other parties Lawyer to sign ANYTHING on your behalf....ever!

Any paperwork that requires your signature can be sent to you via fax or express courier. It is entirely unnecessary to do otherwise.

[singledad99]

My experience is that the permission/consent to file late is sought before the deadline but can be obtained after the fact. If you don't consent they will only use it against you. My ex missed the deadlines several times and I missed it once but in all cases extensions were allowed without any hesitation on either party's side.

I would just send them a letter agreeing to allow the extension and asking them to send you the paper work for the court. You can also allow them to sign the extension consent on your behalf but be very specific in your wording. My lawyer always allowed other party's lawyer to sign such consent on her behalf so I guess it would be part of standard practice.

[first timer]

Thanks everyone for the advice!

[first timer]

My husband gave his consent for his ex to file her answer after the 30 day deadline, however, he did not give her lawyer permission to sign any paperwork on his behalf. This was on the 15th of Sep and he still has not received his ex's answer. The case conference is scheduled for Nov 4. He is now preparing form 17a for the case conference. This has been what its been like for the past 2 years. No response, no cooperation from his ex. Has anyone gone to a case conference with no answer to the general application and the case conference brief, if so what happened?

[Mess]

I have not had that experience, but I will tell you that there are 3 conferences. The case conference is the first.

At each conference the judge will try to get the two parties to settle out of court, that is always encouraged. That said, the purpose of the case conference is to establish what paperwork and supporting docs need to be provided for the case to go ahead, to make sure all the i's are dotted and the t's crossed. The judge at the case conference will require your ex to get everything in order. If your ex has been delaying on purpose, you can then get a motion for these things to be provided, and if you ex does not follow the motion, then he will be in contempt.

Getting that far is a huge step if you have been running into problems of not co-operating and delaying. The case conference is a huge wake-up call, often for both parties. It really lets both parties know where they stand and what they have to do and what is coming up and what woud be a reasonable settlement in the court's eyes. This provides you with what may be your first reasonable starting point for actual negotiations. Hopefully it might be enough to prod the ex into a reasonable settlement.