Ottawa Divorce .com Forums


User CP

New posts

Advertising

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

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 12-05-2017, 09:41 PM
Junior Member
 
Join Date: Oct 2017
Posts: 4
2babymamas is on a distinguished road
Default Appeal a temp order ?

Hello all

Yesterday i had my first appearance in family court.

bit of background... my ex seeks sole custody, me to have supervised access, police enforcement ect

myself the respondent seeking a simple joint custody agreement with EOW access and a few evenings through the week

there is more history but I can give details later

Back to our first appearance... Family court in my area offers free mediation on a first come first serve basis, my ex has stated over and over that she was not interested in this whatsoever. My lawyer singed us up anyway as I've mentioned to her that i was interested... I was shocked and amazed when my ex agreed.

I was even more shocked when she agreed to joint custody during mediation... the whole process took about about 5 hours but the mediator brought us both a copy of the report to go over with with our lawyers we both signed off and went in front of the judge for a temporary order on consent...

and this is where things take a crazy turn... The judge reads over the report, then has a look at ex's application and my response. then begins to question ex and her lawyer.... Ive never heard a lawyer stutter and choke on his words like that, but ill give the guy credit he tried was even defending me at one point...

5 minutes later judge makes a temporay order giving my ex temporary sole custody.... WTF ???

The ex myself both lawyers even a senior partner from my lawyers firm all dumbfounded.

my lawyer just called me stating that she's never seen that happen before and we can appeal if i choose to do so...

has anyone seen anything like this happen before ?
i should have asked lawyer this but didnt think about it at the time but, if I appeal will it be a different judge ?

i should also mention that ex and i were communicating well for about 3 weeks leading up to court date Id like to keep that going as it is in the best interest of our son... im thinking if i appeal all that positive communicatiion goes out the window

anyways i have to get to work any input would be helpful

Thanks
Reply With Quote
  #2 (permalink)  
Old 12-05-2017, 10:18 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,965
arabian will become famous soon enough
Default

"bit of background... my ex seeks sole custody, me to have supervised access, police enforcement ect"

What was that about? Family violence perhaps? What are you leaving out?

You say this was a "temporary" order ? Pending what? Case conference? Investigation from CAS?
Reply With Quote
  #3 (permalink)  
Old 12-05-2017, 11:30 PM
Member
 
Join Date: Sep 2017
Posts: 64
kate331 is on a distinguished road
Default

Quote:
Originally Posted by 2babymamas View Post
there is more history but I can give details later
I'm thinking the same thing, Arabian. I also thought that temporary orders were hard to change. And if they do change, they cost lots of $$$ in legal fees.
Reply With Quote
  #4 (permalink)  
Old 12-06-2017, 12:20 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,965
arabian will become famous soon enough
Default

In fairness to the poster, he did state "temporary order on consent" I guess I just don't understand this. He goes on to say that the judge disagreed with what the two opposing parties came up with. That is what I am asking about - what was the judge's reasoning for dismissing what the two opposing parties agreed to "on consent"? The judge went on to make his/her own "temporary order."

Without transcripts (which poster should see if he can obtain) there is not much to go on here. Obviously something troubled the judge.
Reply With Quote
  #5 (permalink)  
Old 12-06-2017, 11:41 AM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,342
Janus will become famous soon enough
Default

Appeals are expensive. How temporary is this temporary order? When is your next court date?

Like the other posters, I suspect the "yadda yadda yadda" part of your history that you left out might be relevant.

Random thought: Could the mediator have flagged a power imbalance during the mediation? Perhaps he told the judge some version of "this is what was agreed, but I think it was agreed to under duress"
Reply With Quote
  #6 (permalink)  
Old 12-06-2017, 04:35 PM
Junior Member
 
Join Date: Oct 2017
Posts: 4
2babymamas is on a distinguished road
Default

thank you all for your replies

I'll answer what i can now and post a full background in a separate thread later tonight when i have time.

It is a temp. order pending a CC in Feb... during mediation we agreed to Joint custody me to have access Mon Wed evenings and EOW unsupervised,
the access part of the agreement held up and is part of the temp. order

this was a win for me as all of my access with S3 up to this point, has been at moms house

The mediation process screens for power imbalances (half hour intake interview with each party), and would have stopped immediately if the mediator noticed any signs of duress.

The judge dismissed joint custody because both exs application and my response were filled with conflicting statements which I'm assuming she took as we cant communicate

I'm fighting for joint custody as CAS is involved with the ex. the very first lawyer i spoke with (who i did not retain) told me that if CAS were to apprehend S3 and ex has sole custody it might not be automatic that my son comes to me

i did say "temporary order on consent" that was my understanding of what was happening, in court i heard counsel refer to the mediators report as minutes of settlement, if we took that in front of a judge would that not be making an order on consent ? temporary because not all issues have been resolved


I'm hearing the appeal process is expensive... is there extra fees on top of paying my lawyer for a day in court ?
Reply With Quote
  #7 (permalink)  
Old 12-06-2017, 05:20 PM
Senior Member
 
Join Date: Mar 2014
Posts: 3,011
rockscan will become famous soon enough
Default

I could be wrong but your case is not final yet which means an appeal is not the next step.

I think that at the next cc you can address the issues that led to this temporary decision. The judge may want additional info from cas or may introduce ocl etc.

Remember, this is a temporary order. Judges can do this at first appearances for these types of things and it can change going forward. Case in point is one poster who had his cs updated with no date for termination which at the third cc was changed to have a termination date. Also another poster who had access changed at subsequent cc’s. Deep breath, this isnt final its a temporary order.

Best bet is to review the transcripts or minutes. Do you have a lawyer? What did they say? At the next cc you can get further clarification.
Reply With Quote
  #8 (permalink)  
Old 12-06-2017, 11:09 PM
Member
 
Join Date: Sep 2017
Posts: 64
kate331 is on a distinguished road
Default

Quote:
Originally Posted by 2babymamas View Post
I'm fighting for joint custody as CAS is involved with the ex. the very first lawyer i spoke with (who i did not retain) told me that if CAS were to apprehend S3 and ex has sole custody it might not be automatic that my son comes to me
Sorry cant help with anything legal, as I have yet to enter a courtroom, but I do have my own experience with CAS. Why is CAS only involved with 1 parent? You must have asked/gotten a letter from CAS re their position before going to court? I do believe its true that with CAS its not automatic that the children go to the other parent, but there should be a compelling reason why.

There was a recent poster here that had 5 children apprehended and the children went to an aunt, not the other parent.
Reply With Quote
  #9 (permalink)  
Old 12-07-2017, 02:12 AM
Junior Member
 
Join Date: Oct 2017
Posts: 4
2babymamas is on a distinguished road
Default

CAS involvement\more background

Ex has 4 kids B18, B12, G8, B3 with 4 different fathers

I am lucky baby daddy #4 B3 is mine

ex is currently engaged in litigation with baby daddy #2 #3 and myself
baby daddy #3 and myself have the same lawyer

Mom was leaving the youngest 3 in the the care of the 18 y\o while working afternoon shifts, she was also leaving the youngest 2 in the care of B12 when B18 was not around.

The 3 of us voiced our concerns to CAS when we became aware that B18 was being investigated for sexual assault on a minor... CAS was well aware of the investigation and had an open file on B18... CAS did investigate mom. and we all received a letter about a 2 weeks later detailing CAS's safety plan for the children : B12 was not to be left in a care taking role in any way, and B18 was not to be left alone with any of the kids period

At this time mom decided to deny BD #2 and myself access(BD #3 is custodial parent but no court order) I went 56 days with out seeing my son. During this time I learned from a mutual friend that mom called legal aid and said that I was abusive to her and verbally abusive to our son.

i started calling lawyers at this point while the other 2 opted to file for emergency custody both self repping... BD #3 retained counsel before the motion and was successful while BD #2 got reamed out by the judge and was also ordered to pay costs for the motion.

B18 was arrested and faces charges as a Y\O and as an adult. (i wont list the charges here as im not sure its appropriate) but because of the Y\O charges CAS has not closed their file on mom as she was responsible for him at the time.

flash forward to today Ex has legal aid to fight me in court but could not obtain a certificate to fight the other 2 so her mother is paying her legal fees.
ex claims all 3 of us were abusive and has been trying to play the victim in court with out much success (no police report, CAS involvement with any of us baby daddies)

my lawyer tells me i have 7 days to file an appeal, my reasons for doing so would be : the terms we agreed to in mediation were contingent on each other Ex agreed to joint custody if i agreed to ease into the access, no over nights on my weekends unti CC in feb. as S3 has never been to my house, (Trying to be reasonable i gave a little to get a lot)... Judge set aside agreed upon joint custody in favor of sole custody for mom because "we cant communicate" but did not set aside access for me even though ex had originally asked for supervised access.

Im now left to spend the $ to appeal or spend the $ to fight the status quo come February...

I am prepared with a list of questions as i need to decide by tomorrow when I speak with my lawyer

but as of right now i have no clue what to do
Reply With Quote
  #10 (permalink)  
Old 12-07-2017, 01:56 PM
Member
 
Join Date: Sep 2017
Posts: 64
kate331 is on a distinguished road
Default

Woozer, I am stunned CAS is allowing children to live with a child molester, yet alone a Judge thinks this is OK. At the very least the 18 year old needs to move out. This mom sounds totally irresponsible, not to mention having 4 kids with 4 different Dads. It almost sounds like its a business for her as she must be collecting support from 4 payers.

Again, I cant offer legal advice, but if it was my child I would fight this tooth and nail for the safety of the child.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Temp Order not being followed 2TheEnd Divorce & Family Law 2 01-24-2017 11:30 AM
Appeal of "interim" Order of SS/CS successful (Alberta) arabian Divorce & Family Law 1 05-12-2016 11:44 AM
Spousal/Child Support Question Jenny Divorce & Family Law 6 10-01-2013 01:01 AM
Varying Interim Temp Support Orders before TMC ScaredandConfused Divorce & Family Law 1 06-18-2013 01:08 AM
The Concept: Standard of living gooddadgoingmad Divorce & Family Law 7 02-20-2006 10:59 PM


All times are GMT -4. The time now is 11:04 AM.