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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #11 (permalink)  
Old 05-10-2011, 09:35 PM
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i would contact who did ur bankrupcy and ask them
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  #12 (permalink)  
Old 05-11-2011, 07:57 AM
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This is just shocking!

I don't really know what to say? Can you not go in and speak to the police again and say you have the title to the house and get neighbours to verify that you where living alone there? Maybe bring them in with you?

Has your lawyer said anything?

Have you been able to get a letter to your son? Let him know you are doing everything in your power to get back to him and love him.
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Old 05-11-2011, 08:55 AM
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Quote:
Originally Posted by jozsef View Post
Hello to all

I'm very frustrated whit my lawyer,paid retainer on march 3rd. but hes doing nothing as of yet!!
hes saying because I'm a un-discharged bankrupt I'm not able to sue here fore any think.And he is asking for more$$??

What is my option? Is my lawyer is right?

Jozsef
As an undischarged bankrupt there are a number of things you cannot do. You cannot be a director of a corporation and another one may be (not 100%) that you cannot maintain a tort action in court (ie. sue).

Anyway, you don't want to sue right now. If you are trying to sue, you are barking up the wrong tree and wasting your money. What you should be doing is getting a criminal lawyer and actively fighting the restraining order and charges to absolve you of that. After that, you should be getting a family lawyer to get you back into the house and fighting for custody of your child.

Get witness statements from neighbours, teachers, doctors etc who will state that they remember you being with the child and the house and haven't saw the ex with the kid in years.

Again, trying to sue and fight to get her back is a stupid move. Yeah yeah, you spent a night in jail. I feel for you. Same thing happened to my brother in law from his ex (not my sister). But instead of trying to sue, he faught the charges, proved them false and won custody of his son. Your focus is all wrong if you are trying to sue her for damages. Your focus should be on beating these charges, getting back into your house and getting custody of your son.
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Old 05-11-2011, 09:18 AM
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Quote:
Originally Posted by HammerDad View Post
As an undischarged bankrupt there are a number of things you cannot do. You cannot be a director of a corporation and another one may be (not 100%) that you cannot maintain a tort action in court (ie. sue).

Anyway, you don't want to sue right now. If you are trying to sue, you are barking up the wrong tree and wasting your money. What you should be doing is getting a criminal lawyer and actively fighting the restraining order and charges to absolve you of that. After that, you should be getting a family lawyer to get you back into the house and fighting for custody of your child.

Get witness statements from neighbours, teachers, doctors etc who will state that they remember you being with the child and the house and haven't saw the ex with the kid in years.

Again, trying to sue and fight to get her back is a stupid move. Yeah yeah, you spent a night in jail. I feel for you. Same thing happened to my brother in law from his ex (not my sister). But instead of trying to sue, he faught the charges, proved them false and won custody of his son. Your focus is all wrong if you are trying to sue her for damages. Your focus should be on beating these charges, getting back into your house and getting custody of your son.
And than may be in case anything left in you after all this you may sue for damages. But I really doubt you will want it ...
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Old 05-15-2011, 01:45 PM
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Hello
We have a date set fore trial Nov.30 2011, on the criminal charges.And my criminal lawyer has a motion in for to remove the kids from the restraining order, just waiting for the judge to sing it.
Yes I have many letters from my neighbors saying she moved out of the house 8 years ego.I can not go to police whit this,when I tried to explain it to them the police said "save it to the judge"
I'm trying to focus on my son, and he knows this (14y old),whit some help from my neighbors and Friends I try to give him any think he needs.
I'm not "sue" her just to prove a point!! I'm looking fore justice for me,and my son, and hes younger brother.(no father I was raising him the lost 2y the mother left him in the Philippine for 2y before)

Two week ego the CCA. visited the home and the kids in school,as I hared she beat the younger one whit a BELT!! And my Son defended he's brother,they where shouting and people heard it and called CCA.When I went to the office of the CCA. they told me I can not get any info regarding the incident with out the mother consent!! What a BS.

Next week I'm seeing a bankruptcy lawyer to try to figure out this,the last 8y she did not spent any money on the kids,or on the house.And was doing many work on the house to increase the value of it!
I'm just looking fore JUSTICE!!
I'm not young any more (56).I gave 100% into this relationship when together,thats is why I'm bankrupt today,and she is just trying to make a best of it for here self!!

Jozsef
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