Postponing court date

K

Kraftyguard

New member
I am looking for some input in regards to someone saying they cannot attend court.

In november I went for a case conference because I brought a motion, because I am overpaying 800 per month in child support plus numerous other issues regarding post secondary.

I went to CC and there was an overwhelming of clients for the OCL. My ex's lawyer had taken on too many clients and we weren't able to be seen. This cost me almost 2500.00 in fees for this day alone.

Their lawyer advised that our next date was December 15th for a case conference. I agreed.

About a week later, I received an email from my lawyer that they had advised their client was not able to make this date due to a personal issue and they had unfortunately not talked to their client about that next court date.

I advised my lawyer that I did not agree to this and they needed to provide a more detailed reason as to why she cannot attend.

I received an email today from my lawyer, that they stated the she was "picking up the child from university that day", which is only 3 hours away and she couldn't attend. She could easily go the day prior or the following day.

I completely disagree with this, as this is costing me money in lawyers fees as well as I am still over paying 800 a month in child support AND she refuses to sign a minutes of settlement just on the CS issue to adjust.

I was forwarded an email from their lawyer today advising that they had no intention of being there.

What are your thoughts ?

Do you think this is a legitimate reason a JUDGE would allow for them not to attend ?

This seems ridiculous to me.
 
I would attend.

I would advise your lawyer of your intention to attend and that if the lawyer can't figure things out they will be immediately discharged and you will have your file assessed (tell them exactly this).

You are obviously a cash cow. Your lawyer knows you are "good for the money." I would rein the lawyer in IMMEDIATELY.

Lawyers play games with each other, have drinks together, and actually decide how much the "file" has in it for each of them.

I think your lawyer needs a wake-up call of sorts.

Worst case scenerio is that you attend court and judge adjourns the case (your objection is noted). At least it won't cost you any money. There is a chance that judge will take your information and make a decision. All in a day of the judge - who has discretionary powers.

Anyhow, that's my 2 cents. I despise lawyers who take advantage of clients.
 
If you're concerned with wasting money, I would accept this final adjournment provided a new date was not far off.

Most people will be granted the adjournment. If no notice was provided and you show up ready to go, you may get costs awarded. However, being only the second time and notice was provided, I would assume it would be granted.

I'm sure you're paying a lot right now just discussing this, with your lawyer going back and forth with you and the other lawyer. No point in paying more for them to show up at court, if there's a large probability of it being adjourned.
 
Thanks for your responses, I appreciate it.

I found out, that her reason for postponing the court date is to go pick up my daughter? Wtf ? She could go the day prior or after. It's ridiculous that she is trying to postpone this date, knowing full well that I continue to have to over pay 800 per month in child support.

I even sent her a minutes of settlement in September to sign and to only adjust the child support and she refused to do it.

So ridiculous because she is going to have to pay me back.
 
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