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  • No Brief 7 days before Conference Date

    I was supposed to be served case conference brief and associated documents before EOD yesterday (i.e. 7 days before scheduled case conference). I e-mailed ex's lawyer to confirm I hadn't received such. Is there anything else that I should be doing as obviously the case conference date will now have to be rescheduled. Thanks.....

  • #2
    costs

    Ask for costs (time of work, etc.) arising from their delay.

    Comment


    • #3
      There are the family law rules and then you have professionals that bend and twist the rules around to suit their agenda in a bad faith effort to frustrate you with the process.

      Follow the rules yourself, and try not to get to uptight that they never did certain things by certain dates. Just document the discrepancy or violation of a particular rules.

      When it comes down to costs submissions, this is an ideal opportunity to bring forth their conduct.

      Be sure to file your brief and financial. It really looks bad on them since it appears that they are the moving party of the conference.

      lv

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      • #4
        robrjm is right... ABSOLUTELY ask for your costs to go to court to be covered for that day. My ex tried that delay tactic a few times... it does get expensive trekking into court, losing a day of work, cost of parking, etc.

        Make sure you get to the court house early enough to speak with a free duty counsel.

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        • #5
          Thanks - will the case conference still happen if they don't confirm their attendance 2 days in advance? (i.e. or should I just file for the sake of saying that I had filed for when the next case conference is scheduled). Thanks....

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          • #6
            Absolutely file everything that you need to have filed... you want all your T's crossed and I's dotted. You will be able to sit there and say "Your honour I am fully prepared to proceed today..."

            Most courts will allow each party ONE "get out of jail free card"... meaning one time to be unprepared. It happened with my ex, after that he was charged with my costs each time he was unprepared. I must say, it was nice to get extra money out of him (it's the only thing he 'gets') but I sure would have preferred for him to be prepared so we could have completed all our crap a whole year sooner. There was a court date where *I* was the one who was unprepared, so I actually appreciated my "get out of jail free card" that time! *whew*

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            • #7
              todivorce,

              Keep in mind that you should file a 14C confirmation which in essence is a private communication between you and the Judge that will be hearing the case conference.

              lv

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