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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 08-24-2010, 12:23 PM
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Hey all I am the StepMom in this. I will say that I have been able to remain neutral and I have learned some Canadian Family Laws quickly. I feel that Concerned Dad will need to stick to the two main points of this case, being Child Custody/Access and Child Support. In regards to Child Custody/Access he has a firm case in being able to prove the kids "Habitual Residence". I found a form for Trial called a Request to Admit (form 22) which he can submit with his Trial Management Conference Brief (form 17E). This will allow for him and her to alleviate some of the "bickering" so the Jusdge doesnt get more upset than he already is. We both would like to know if there is anyone who has been to this sort of Trial, and maybe give us some insights on what to expect, can he call anyone as a witness he wishes? What evidence would he benefit from submitting, what are things he should or should not do or say in fron of lawyer and or Judge. Are there any books we can read that will asssit with this?
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Old 09-02-2010, 05:37 PM
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I want to ask if not hearing from my lawyer is normal? He is a very good lawyer with a good reputation but he isn't in Family Law anymore except for me it seems, but he took my case because I needed someone.
I hear they are really booked up for a trial even though he wants just a single day trial, so I have asked to try for an interim order keeping my daughter with me until trial since I'm across the street from their schools and everything else. He hasn't gotten back to me at all, after numerous requests, his secretary says she sent on my email to him each time. Is this normal?
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Old 09-03-2010, 02:07 PM
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We have been through it several times, with access travel of 3000kms. One thing that was not mentioned above is that you also want a clause for financial disclosure, stating that you exchange income tax once per year by X date, and all notices of assessment and reassessment within 30 days of receiving said notices.

As school starts soon-if it hasn't already-I would have your lawyer apply for the interim order mentioned above. I would also remind you that you pay your lawyer to work FOR YOU. If he is not, he can be fired...although that would lengthen the court process for you. You might want to send him a letter stating that you want him to apply for an interim order and that if you do not hear back from him directly on the matter, you will look to seeking new representation. Keep in mind, too, that you will be billed for all communication, so perhaps email is not the best way to do so, as you are not receiving them. Ask his assistant to ensure he telephones instead.
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Old 09-03-2010, 02:09 PM
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Also, affidavit evidence is often best, as it is less time-consuming for the courts, and the courts will appreciate that.
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Old 09-03-2010, 02:31 PM
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It is 100km distance but too far to be driving her to and from school on back roads throughout the winter. Also, my son and daughter have a great relationship and its is missed for the week she is not around.

Well, I also told my lawyer that I want 3 years of T4's and returns because she went and took a huge loss by changing jobs that she appears to have done on her own accord, losing children's benefits, her pension, more than $30,000 per year reduction....ugh. She and I both have a financial obligation to our children, to take that much of a loss an cry to the court severe financial constraints makes NO sense.

My Lawyer is not getting back to me. Typically my x finds out about court dates before I do and she is self represented now since she could not afford her lawyer. My lawyer was gracious enough to say he will only charge me afterwords and will make sure payments are within my budget. So, to fire him is almost out of the question because he is the only one who would help me out. As I said, he is a fantastic lawyer but does not typically take family cases anymore, he says criminal law is much more easy....and wishes he were back in his murder case. But he believes in my case, I just cannot seem to get him moving with it.

Should I try for a court date for an interim order on my own without him?
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Old 09-03-2010, 02:35 PM
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It is in their seperation agreement that they are supposed to exchange T4's annually, she is hiding financial information though, not sure how she is doing it, her CRA assessment for 2008 shows a considerably less amount then her 2008 T4, and ConcernedDad has not been able to get her to submit her 2009 T4 as of yet. As far as getting an interim order, how do we go about this?, is it a pre-trial, hearing or do we have to file an "emergency motion" is the fact that there is a motion already in play going to inhibit this. We have asked the lawyer to file for an interim but he is not responding, anfd furthermore he is going to be going after her for costs becuase she is the one who wont agree. Affidavit eveidence was submitted at the start of this by filing a motion a year ago to date almost. Everything thats in the "continuing record" is evidence enough but the courts are simpky not budging"
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Old 09-06-2010, 11:27 AM
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Still waiting for some response to my question.
I told my ex that since I re-read the Order, it said Summer schedule to be week on week on with each parent. So, we're back to the screwed up complex 16 week schedule until a Trial date or when I can get my lawyer to move for me if it can be done.
So, ready my last post and fill me in with some ideas I can use. I wanted my daughter to have a more stable and emotionally secure year in grade 3, it just gets harder and harder in school and they do not fail children until high school no matter how far behind you fall.
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Old 09-07-2010, 10:34 AM
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For any issue involving child support or section 7 changes, both parties must submit their last 3 yrs taxes as well as a current financial statement. If it is in the order that you exchange and she is not, she is in contempt, and you can file with the courts to enforce that. (...they will have a form sent to CRA to release the information to you, typically)

You can file an emergency motion, with grounds, and I think you have grounds for a child in grade 3. As long as there is sound reasoning behind the motion, it does not affect the one already waiting for its day in court. 100 kms is too far to travel for school...under perfect circumstances, that is over an hour each way...and there is NO WAY that is best for the child, when closer alternatives are available. However, if she is already registered and going to the school, you may find the court siding with mom that it best she stay with mom, and continue at the same school.

One other thought on your lawyer...you can file a complaint with the Law Society of Upper Canada. All counsel are covered by the LSUC, and it is they who investigate complaints from clients regarding a lawyer's performance or conduct.
  #19 (permalink)  
Old 09-07-2010, 12:41 PM
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Let me start out with the words "Roll Reversal"

I feel the need to reiterate something.

My ex moved 100km away from the habitual home. I live across the street from my children's schools (habitual home). She has to drive my daughter in to school (and got to the school this morning as the bell rang with her....on the first day!).

My problem is exactly that. My son has plans of a fantastic year where he can get involved with school activities etc. because he chose not to go out to his mothers, he says he hates it there. My daughter is only 7 so she does not have the luxury of telling Mommy she wants to live with Daddy and only visit there on weekends and holidays.

I have been the primary caregiver for both my children since birth. I attend every function I can make it too, their step mother and I both helped the grade eight graduation school decorations.

I have a lawyer who is not helping me put my daughter in a more stable and emotionally secure environment. Driving back and forth every few days has made her hate "not getting enough time with each parent" and she loses friends because they cannot rely on her being around. She also cannot get involved with any programs because of the ping pong ball routine of the 100km distance. My lawyer and the Judge just has NOT made any ruling on this at all and it is slowing destroying my daughters life where my ex only cares about the "fight" and her winning it.

I will go to court myself without my lawyer if I know exactly what to do, how to present it and so on. My concern is my daughter, who at 7, understands enough that she says she just cannot get her mom to understand that she wants to live with me.

I also understand that it is not typical of a Father being more the caregiver and a better parent compared to the Mother. I do everything from working on cars to sewing new curtains for my child's bedroom window to building a new bedroom off the downstairs rec room. I grew up raising my nieces and am a natural at being the best I can for my children. But I need help right now because this has been going on for over 2 years....they are only children once and 2 years to a 7 year old is probably more equivalent to 6 years to an adult.

Again, I thank anyone for any advice. ConcernedStepMom78 is more up on the legalese of things but we both need some help with what to do.
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Old 09-07-2010, 12:42 PM
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Hi InterprovincialParents
The school she is registered at is within walking distance from ConcernedDads house, his daughter's mother is the one thats an hour away from school, and his daughter has been attending this school since JK. He has been fighting this since her mother declared that she was moving away almost a year ago, if the mother were to "win" she would be able to enrol her in school where she lives,with her "conjugal partner" as she declared in court, in the house he rented to be closer to his daughters, or she would be driving her 100km daily. The last settlement conference the Judge stated to her that she has a lot of IF's in her life. But yes something has to be done about this, where are her rights as a child? Her mother refuses to move back or within closer proximity to her kids, she has already temporarily lost a healthy relationship with her 14 year old son, now she is sacrificing her daughters well-being.
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