How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
Tina is online now
A new question is answered every 9 seconds

I have a very favourabe 730 evaluation report - most conerns/accusations

Resolved Question:

I have a very favourabe 730 evaluation report - most conerns/accusations levied against me were found to be innacurate or false. Most concerns/accusations made by me against my ex were found as true or possible. Throughout the entire case leading up to this evaluation, my ex and their lawyer made false accusations against me and blamed me for everything that went wrong. They turned every concern arounbd and made it out to "me" being the problem. No matter what we my lawyer or myself said, they continued to turn the story around. This has wasted thousands of dollars, and was all just posturing or lies.
My questions...
1. should I even consider their request to sit down and negotiate a custody arrangement before going back to court - they have already acknowleged that they are not favoured in the report... (My hope is to get primary legal/physical custody - although the evaluator reccommended 50/50 which I believe was to give a second chance to my ex and make up for coming down so hard on her). The evaluator clearly has enough concerns about my exs personality to support my concerns about the influence this has on our son.
2. Do I have any recourse in claiming reinbursemnt of financial/legal costs for this case which has ONLY gone this long because of her and her attorneys conitnued posturing and lies, which are now proven by the evaluator ?
Thank you.
Submitted: 6 years ago.
Category: Legal
Expert:  Tina replied 6 years ago.

I am sorry to hear of your difficult situation and am working on your answer now.



Mediation is normally much less expensive and often more effective than forcing the matter to trial. In addition, courts typically grant motions to compel mediation so even if you refuse to mediate, opposing counsel can request an order from the court and you would be forced to mediate.

Therefore, it is usually a positive step and now that you have a favorable report, they are more likely to settle the matter since the court would likely rule against them.

The default rule is that each party pays their own costs and fees.

Sometimes a court will order a party to pay a portion of the other's fees though where a successful motion for sanctions has been filed. A motion for sanctions requests the court punish the other party for filing false statements or engaging in other wrongful conduct typically.

NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.

As always, I am available to clarify the answers for you. Thank you and the best of luck.

Customer: replied 6 years ago.

Thanks Tina.... they have refused mediation and continued to make false accusations which is why, the courts finally ordered this 730. This was a court appointed evaluator so granted , the judge will more than likely rule in my favor. They are threatening to depose me if the decision is not to negotiate with them, but i do believe this is just a scare tactic hoping to get me to settle without going back to court. I think i will probably make them an offer but would you agree that I should be tough with my offer and not be scared into just accepting the 50/50 and to stand my ground ? I know that 60/40 (in my favor) would be in the best interest of the child due to her continued efforts to alienate me and my family from the child.

Thanks

Expert:  Tina replied 6 years ago.
If you agree to mediate, I would definitely keep in mind what is in the best interests of the children AND the recommendations made by the evaluator since the court is likely to adopt the recommendations in that report in most cases.

They probably would depose you if you refuse mediation, but they will likely depose you if mediation fails as well since that is customary prior to trial in order to determine how the litigant will answer questions posed to them.

I wish you all the best!

NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.

As always, I am available to clarify the answers for you. Thank you and the best of luck.

Tina and 10 other Legal Specialists are ready to help you