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Phone conference turned pretrial

1dad4kids's picture

DH got BCC'd in an email from his lawyer today sent to BM's lawyer. DH's lawyer and BM's lawyer had a phone conference with a judge planned for Monday and DH & BM weren't supposed to be on the call. 

I guess BM's lawyer has never done this before and sent DH's lawyer a bunch of weird law requests then said she thinks the judge will be mad if the clients aren't at the "pretrial". DH's lawyer tells her it's not a pretrial but that if they bring the clients on the call they might as well make it one. DH's lawyer and DH are eager to move this to actual trial and getting a pretrial is months away so it's actually a good thing. However DH has nothing prepared in way of a statement or brief so it's probably not the best timing. Plus DH was supposed to take SS10 to his next counselor appointment at the same time as the phone conference. Luckily he was able to reschedule it for an earlier appointment and should be just ending the session when the conference begins. I'll have to pick up SS10 to take him to school so it's a bit of a gong show but doable. 

DH isn't really great on the phone so this should be interesting lol. 



tog redux's picture

Does DH have to prepare anything? That's what you pay the attorney to do. 

1dad4kids's picture

In the past he's had to say an opening statement and he has a list of things he'd like to be negotiated into the minutes of settlement (if it gets to that) but hasn't put it together for his lawyer yet

tog redux's picture

Interesting. Here the attorney talks for the client generally. 

1dad4kids's picture

At the pretrial the facts of law are discussed by the lawyer. But anything personal is spoken to the judge by the clients. They both say an opening statement (which BM never has prepared) and the the lawyers discuss the legalities. The judge will stop to occasionally ask the clients questions like "why can't DH pick up SS10 from school?" And will usually use the results of those questions to form a settlement of some sort. 

This isn't a typical pretrial though. DH's lawyer intends to skip most of the discussion and move straight to trial. He said in the long run that will save everyone money because going to a pretrial every 6-12 months has not been easy on the pockets. (Plus he's doing our trial pro bono.) 

The two topics on the table at the conference/pretrial are

1) What is the intended purpose of the counselor

2) What should DH be paying for CS

DH's lawyer plans to move to a trial for any other matters but would like to get the above sorted out on Monday. 

advice.only2's picture

Ironic how he just has to be on this call at the exact same time SS was supposed to be at an appt. Too bad BM didn't realize he could change the appt. to another time. Her lawyer is shady AF!

1dad4kids's picture

I don't think she knew about SS10's appointment, so in this one case it's just coincedental. DH was planning to tell her today but now he's not sure he's going to say anything until afterwards. Her aunt works in the office at SS10's school so I'm sure she'll know as soon as DH calls in the tardy.