I am the applicant.
Guardian As Litem (aka children’s lawyer, OCL) ruled in my favour, I have 100% legal decision making and custody. Primary residence of children is my place.
Ex has 0% parenting time of eldest, and 50% parenting time of youngest.
Respondent didn’t show up at first settlement conference, and nothing had been filed by her side.
Senior Justice cancelled 2nd settlement conference at my behest, because respondent and opposing counsel still had not filed anything.
Trial conference, still nothing filed by her(the respondent) side.
My side filed for leave to file motion for summary judgement, Justice adjourned it, and said THIRD settlement conference needs to be scheduled.
If 3rd settlement conference is not fruitful, then we can file the motion for summary judgement.
My lawyer said that the “damage” of not hearing the respondent out-weighs the financial damage being caused to me.
To clarify, respondent will get close to zero in the end, because she sequestered the house, with her friends and boyfriends, and ran up outrageous bills, all the time I was paying for everything.
When does undue hardship enter the picture? If I do not get awarded legal fees, I will end up with zero as well. I am about $70k in legal fees at this point, maybe more.
Does the reason for adjourning the summary judgement seem justified, when it is her side not filing or showing up?
Is me being financially damaged really not that important? What happens if I literally run out of credit/liquid funds?
FYI, multiple offers have been sent (above what would be awarded by the courts), all resulting in crickets.
November 2024 court endorsed respondent pay child support, I have yet to receive the court order to enforce this almost a year later. Divorce was also severed from the settlement, still sitting on the Justice’s desk. Both sitting for over six months.
This just seems to be an effort to completely drain me, and bankrupt me. Opinions about process, and other possible tactics to shut this all down would be appreciated.
I need opinions of filing to change this Justice to the senior Justice, and whether that would be beneficial. I get the distinct feeling the current Justice is biased, not because of the excessive leniency, but because she has not provided the requested court orders THAT she endorsed.
This has been ongoing for 3.5 years now.
[–]OctinoxateAndZinc 0 points1 point2 points (4 children) | Copy Link
[–]Comfortable-Angle660[S] 1 point2 points3 points (3 children) | Copy Link
[–]OctinoxateAndZinc 1 point2 points3 points (2 children) | Copy Link
[–]Comfortable-Angle660[S] 1 point2 points3 points (1 child) | Copy Link
[–]OctinoxateAndZinc 1 point2 points3 points (0 children) | Copy Link
[–]Factastical 1 point2 points3 points (9 children) | Copy Link
[–]Comfortable-Angle660[S] 1 point2 points3 points (8 children) | Copy Link
[–]Factastical 1 point2 points3 points (7 children) | Copy Link
[–]Comfortable-Angle660[S] 1 point2 points3 points (6 children) | Copy Link
[–]Factastical 0 points1 point2 points (5 children) | Copy Link
[–]Comfortable-Angle660[S] 1 point2 points3 points (4 children) | Copy Link
[–]Factastical 0 points1 point2 points (3 children) | Copy Link
[–]Comfortable-Angle660[S] 1 point2 points3 points (2 children) | Copy Link
[–]Factastical 0 points1 point2 points (1 child) | Copy Link
[–]Comfortable-Angle660[S] 0 points1 point2 points (0 children) | Copy Link