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Old 06-09-2017, 09:20 AM
OrleansLawyer OrleansLawyer is offline
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The duty counsel I had that day won't return my calls.
Their job is to represent people on a very short term basis at the courthouse. They are not your lawyer on an ongoing basis.

I've contacted several other local lawyers all but one so far may 'possibly' be able to take on my case
Call to say that you have a case going to a motion on June 21, factum required and affidavit needing to be drafted, and you need counsel.

Expect the day to cost in the $5k-10k range. If that is too much, ask for unbundled legal services.

If I can't obtain counsel am I doomed?
No - but if you don't put your evidence together or know the law going into the motion you will probably lose.

My father has suggested me may help me but I hate doing that.
You are risking your children moving 400km away because getting help from your father - whose relationship with his grandchildren is also at risk - would have to help you out?

Check your priorities here.

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.
Take some time off work if you are doing this yourself. One of the ways that self-represented parties can succeed is by doing the work well. This means taking the time for it. You cannot work a full time job, run your house, take care of your kids and pick up a new trade all on short notice.

Any help with writing my factum?
Step one is your affidavit. Your factum is a summary of the key evidence, the law as it relates to the issues, and your argument as to how the law applies to your facts.

The facts portion of your factum is a distillation of your affidavit. If I were your judge, I would want to know:
- family history (how long together, how many kids, when break up)
- family constellation (have people re-partnered? where do the kids live? how long has this been stable? Who has custody?)
- From the mobile party, what are the benefits of moving? Why are they moving?
- From the static party, are there facts that vitiate the benefits of moving?
- From the static party, what are the benefits of the children staying?
- If the mobile party will go regardless of the decision, can the static party take on the children on a full time basis?

For submissions, know the law and relevant cases.

Are the facts controversial? Perhaps the matter should be decided at trial.
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