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Old 06-09-2017, 03:06 AM
ifeelold ifeelold is offline
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Join Date: Feb 2017
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Default Feel like I'm in way over my head

Try to brief this up. In the midst of a mobility case. Ex is trying to move 500km away. I opposed this. I put in a motion in March. Judge made temporary order that my ex cannot move until decision has been made. Ex buys a house at new place. Gives notice at rental here. Submits their motion to change in may. Just had our case conference and their lawyer is pushing and pushing to let the judge make a temporary order to let my ex leave as they have to be out by the end of this month. Their lawyer was pushing me to sign this temporary order enabling my ex to be able to move to their new house 'temporarily' until a court decision is made. I opposed as my concern is as the judges was that once they're gone, they're gone. Nobody will force them to come back once they've moved. I'm self represented at this time. Judge agrees with me but appoints me a duty counsel (I do not qualify for duty counsel). Judge sends us back out for me to discuss with duty counsel regarding my ex's proposal for this temporary order. Duty counsel and I agree this is not the best idea. My suggestion is that if my ex needs to move, the children stay with me temporarily until a decision is made. Or my ex does not leave the area until a decision is made.
We go back in to talk to judge. Now judge seems to have a different perspective and is siding with my ex. Judge suggesting that there's no other option but to let my ex move. Judge finally agrees and tells my ex they are required to stay in the area until some decision is made. Then when requesting what summer schedule will be considered, my ex is now saying they want first 3 weeks of July so they can move their stuff to new house and be able to look for a place locally here. Unfortunately that was the breaking point for the judge (and I do actually feel bad for her as she's been forced by my ex to try to make an order). The judge completely loses it and says "fine, you can come back June 21st and settle this. You are both required to submit an affidavit and a factum".
My problem is that I still don't have representation. The duty counsel I had that day won't return my calls. I've contacted several other local lawyers all but one so far may 'possibly' be able to take on my case but I have just over 1 week to write my affidavit and factum (which I've never written before).
If I can't obtain counsel am I doomed? Also, I don't even have the money to obtain one. My father has suggested me may help me but I hate doing that. I already spent $15k a few years ago on lawyers. This sucks and I'm totally stressing about having to do all this paperwork. I've started roughing out my factum but now have kids for whole weekend so won't have much time to work on it this weekend. I do have an appointment Monday with a lawyer for a consult. I'm just not sure yet whether or not I'll be able to retain him.

Any help with writing my factum? I have a rough idea of a format. Or any other help/suggestions?
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