After 7 months of battling what my client and I deemed a bogus petition to change custody, filed March, 2009, by the mother seeking sole custody and full decision making, SCL resolved the case on the morning of the first trial date of December 14, 2009.  The resolution came after months of SCL working with the attorneys for the children and holding multiple settlement conferences at  SCL's urging.  Notably, every time SCL and her client brought up the exact settlement on the record, it was the mother's attorney who always barked out "NO!", refusing to discuss settlement. Nonetheless, the result was exactly as SCL and her client offered months before--joint custody was maintained between the parents, visitation scheduling rearranged between the parties and  the parties now have joint decision making regarding  the childrens' education and medical issues.  That exact resolution was offered several months before by SCL and her client; however, the mother and her counsel pushed for trial, causing what the court stated on the record to be a very litigious case. 

Because of the seriousness of the petition in attempting to take sole custody on allegations that SCL and her client maintained were unsustainable by law, it was necessary for SCL to file motions to dismiss, sanctions and a motion to remove an attorney for the children. That attorney was ultimately replaced by other attorneys.  As we approached trial, witnesses aligned themselves with the father. The night before trial SCL received witness information that she brought forth at the December 14, 2009  pre-trial conference. A trial was never held and a settlement was spread on the record that morning.

Overall, at the start of every  case I have, I always create a settlement resolution and present it to my adversary because months and years of litigation later, every case almost always results exactly as to how we should have settled the matter at the very start.   Its the obstructionist attorneys who unnecessarily fuel  cases who are a disservice to their clients, the Bar and the judiciary.