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: 32237
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: 3 years ago.
Category: Legal
Expert:  Tina replied 3 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 3 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 3 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, Lawyer
Category: Legal
Satisfied Customers: 32237
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 21 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.