Legal Question in Family Law in New York
My wife recently filed an Order to Show Cause in - which was granted - in which she argued that my failure to file a Request for Judicial Intervention within 45 days after the service of the summons was a procedural error that cancelled the Conference at its scheduled date. However, now that the Conference was cancelled she is not willing to negotiate a rescheduling of it, and my attorney has never seen this happen before and is at a loss as to how to proceed. New York's statutes don't say anywhere what happens IF a party doesn't file the R.J.I. within 45 days so it doesn't seem like anyone knows what happens next...
As a result I am just wondering if someone had any idea what I should do? I mean do I have to start the entire process all over again by serving the Summons again or can I just file a new R.J.I. or does it need to be some kind of motion? I am really at a loss and so is my attorney (real encouraging I know).
1 Answer from Attorneys
I would just send a letter to the Judge asking for a preliminary conference. You should not have to commence a new action and you should not be filing another RJI.
Mike.
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