Trial date is set.

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niagaramom

New member
About 18 months ago I filed a motion to change child support and to collect arrears owing. The motion was strictly financial. My ex responded, again strictly financial rejecting my claims. he had no other requests of his own for change. After conferences resulted in only a temporary order for CS increase, a trial date was set for next month. Two weeks ago we received an offer to settle provided I agree to a total over-haul of the the current access schedule which has been in place for 5 years and working well. He has always had liberal access and some of his new demands are totally unacceptable. I did agree to a couple of reasonable changes to try being receptive. We have heard nothing since. I have a meeting wit my lawyer next week for trial prep. I always like to have a grasp on things before meetings and I am wondering::If my motion and his response are strictly financial can he bring up access issues at the trial? Would he not have to file a motion of his own to change access? The trial is less than 30 days away so how could I respond if he files a motion at the last minute? I am looking for any help or reference sites to address my thoughts. Am I in left field with my thoughts?
 
In the trial record goes your Motion to Change and his Response to Motion to Change plus all supporting documentation. No case conference Briefs, Settlement Conference Briefs or Trial Management Conference Briefs go in the trial record. The only issues for trial are what you asked for in your Motion to Change and what he asked for in his Response to Motion to Change.
 
RE:Trial.

RE:Trial.

Thank you DD for your response. I am of the same opinion. However, Family Law rules allow ex to amend his response with the courts permission. What I am worried about is, if he does so, wouldn't I have to be served with notice that this is being requested? After almost 18 months, after we prepare for what is now before the court, can we get served with notice that now they want to deal with access? Doesn't seem right. But Family court is strange. In the conferences we went through, everything but the kitchen sink was thrown in. It was difficult to even sort out why we were there. Hopefully we get through this and the trial is more controlled.
 
If he is allowed to amend his answer, then his amended would go in the trial record.

He can amend his answer without the courts permission if
1. you amend your application or
2. you give consent

To amend his answer with the courts permission, he has to file a motion to amend his answer and the Judge decides whether to allow the amended answer.
 
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