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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a (JDR at 9am and a court at 2pm ) in the same day

Customer Question

I have a (JDR at 9am and a court at 2pm ) in the same day next Tuesday October 13th, 2015.
I can not go due to that I have a PD day in my work ( as an instructor in school) in the same day.
I have to attend my PD day , it affects my situation in my work to renew my contract after next November or not as I just started this September and I am under supervision till the end of November.
My x husband just inform me that his work contract will be ended in December.
I have 3kids14, 12, 10 and I need to support them.
I have to keep my good chance to renew my contract.
I try with the other party layer to cooperate and adjourn that day they refuse,
I informed my x husband yesterday that I will not attend the court day I need her to reschedule that day as they are the one who fill that application.
I can not go to the court to inform them, that I can not go next week I just inform Mu x husband layer by mail and e mail.
What will happen to me if I did not go to JDR and the court next week.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Did the lawyer agree to the adjournment?

Customer: replied 1 year ago.
No he did not agree
Expert:  Legal Ease replied 1 year ago.

Then you either have to have someone attend for you and seek the adjournment or if that is not possible you have to call the court, state you cannot attend in person, ask if there is a chance to bring a motion ahead of time to seek the adjournment or ask if you can seek the adjournment by way of teleconference on the date of the JDR.

You cannot simply not show up. It will hurt your position greatly.

Customer: replied 1 year ago.
1-I have JDR at 9 am and then at 2 pm the same date I have court time
could this one be a close friend, and he talks behalf of me asking for adjourn.2-If I confirm with his layer that I will not attend and asked her to adjourn by( mail and e mail ) that day is this enough as they are the ones who file the application.
Or I still need to be represented by some one.
Expert:  Legal Ease replied 1 year ago.

You can have a close friend attend.

If the lawyer consents than you do not need to attend.

Customer: replied 1 year ago.
What is the number I can call for provincial court in calgary in court room number 1208.
Could I fax some papers.
If my close only can go in the morning what she has to have to represent me
Expert:  Legal Ease replied 1 year ago.

I don't have the telephone number available.

But you are calling that room number. Have to call the main office.

It is not OK to fax anything at this point in time. Your friend would have to show up explain that she/he is making a request for an adjournment on your behalf because the lawyer would not consent and you cannot attend.

Customer: replied 1 year ago.
Could my friend just go in the morning for JDR asking for adjournment so she did not need to attend at 2pm
Or she has to attend both
Expert:  Legal Ease replied 1 year ago.

She can go at 10 and see if she can get the adjournment for both.

Customer: replied 1 year ago.
1-If his layer sent me that
Hello Abir. I confirm I have cancelled the JDR scheduled for October 13, 2015. Because there was a JDR scheduled and which has been cancelled I must appear in person in court on October 13, 2015 to adjourn the application and to set up a new time for the JDR and the application. It is not possible to do it by fax. I spoke with the trial coordinator and who told me that I should be able to reschedule the JDR for 10:45 on December 21, 2015 and the court date to 2:00 PM on December 21, 2015. This is a date we discussed to adjourn the matter to. Please now confirm that my client will have the access as set out in my email to you yesterday so I can let him know that access is in place.
In addition, I will need to talk with you about arranging access to my client when he is in the city in December. AS previously discussed he is arriving in the city December 16 and leaving December 27. I will be in touch.And I did not to talk about December now
So do you believe that she has to adjourn as she said in e mail
Or if I did not agree with her
She can change her mind.
2-
I still need a friend to go to ask for adjourn after this e mail.
Expert:  Legal Ease replied 1 year ago.

The lawyer has consented to the adjournment and will attend court to secure the new date.

The lawyer is also asking about access and you have to confirm that the pre-discussed access is in place and you have to discuss access for December.

Customer: replied 1 year ago.
I asked her that I can agree for his access if she grantee that he will bring the kids
She said to me that she can not give any grantee
He has a specific access on specific time this week
By court now he needs to change it
What I can do.
Expert:  Legal Ease replied 1 year ago.

You don't have to give them anything that you didn't agree to or that the court hasn't ordered. However, you should be mindful of the fact that you sought an adjournment and it was granted to you.

Customer: replied 1 year ago.
It is ok for me If I asked his layer to grantee him to bring the kids back after each visit.
Expert:  Legal Ease replied 1 year ago.

You can but the lawyer has already told you that he can't guarantee that.

Customer: replied 1 year ago.
What I have to do so I shaw to her that I like to cooperate but I did not
Risk my kids
I just need grantee
Expert:  Legal Ease replied 1 year ago.

A lawyer cannot make this guarantee though. How can the lawyer who is not in charge of the children make such a guarantee?

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