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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100423
Experience:  Lawyer
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Hello, My boyfriend and his ex are fighting for custody

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My boyfriend and his ex are fighting for custody of their 3 year old son. Her lawyer is pushing for a binding JDR but we are pushing for a trial resolution as we have quite a bit of evidence against her. Her lawyer keeps saying he's not ready to sign a trial readiness form and we're wondering if he can keep refusing to sign it, or if we can push for a trial. How can we get this to trial if the other side doesn't agree?
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the
best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

No one has to consent to mediation or to JDR.

If it works it's cheaper than going to trial if there are lawyers involved. It's also faster.

But if this is not what your boyfriend wants he can say he will not consider this process.

If there is nothing more to do before trial if your boyfriend is the applicant he can set the matter down for trial.

If he's not then he can bring a motion asking for the other side to be ordered to set the matter down now.

It's not fair that this matter be dragged out if there is no reason for it.
Customer: replied 3 years ago.

Thank you for your reply.


They had a binding JDR last year that gave them shared custody but there have been serious concerns with their son's welfare while in the care of his mother for a while now.


They tried caseflow mediation with no success and they were going to do a binding JDR, but there is the need for witnesses and a cross examination of the mother. Also, the mother's lawyer doesn't allow my boyfriend's lawyer to speak when they have been before a judge in the past so she feels a trial will be better for this situation.


What are the steps he must take now to force this to trial? Can they set a trial date without the mother's lawyer present?

Each court does this differently.

I think you have to call the courthouse tomorrow and ask what more needs to be done, if anything, before the matter can be set down for trial, and how that works at this courthouse.
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