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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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Old 02-27-2006, 03:57 PM
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Default apres manvidas??????

HELP!!!!! can anyone please tell me if there's such thing as a legal term called "apres mandivis" or "manvidas" or something like this. I spoke to someone today who claimed he is a lawyer yet my lawyer's office said he's not listed in the ontario OR canadian legal directory---I'm a little,no alot, concerned.
It's supposed to mean reviewing all prior court information and having a review on it's validity. I think I really messed up; I'm so trusting, actually too trusting in most instances.
Please help as soon as possible. THANKS ALOT!!!!!
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Old 02-27-2006, 08:34 PM
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god knows;

Please see this weblink

http://dictionary.law.com/

I took a quick look, I couldn't find it. Are you sure of the spelling? Is it latin or perhaps another language such as french.

I alos searched at www.dictionary.com which has access to latin, french, spanish, english and german dictionaries. Nothing found.

LV

Last edited by logicalvelocity; 02-27-2006 at 08:45 PM.
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Old 02-27-2006, 09:38 PM
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Kinda' sounds like a "writ of mandamus" - but that's not really used in family law nor does it mean what you're saying. What you describe sounds like a "judicial review" which is usually a court reviewing an administrative body's actions / decisions.
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Old 02-28-2006, 09:12 AM
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LOGICALVELOCITY AND JEFF thank you for the informatiion and getting back to me to quickly!
I spoke to this guy last night on the phone and he said it's called"bill of manditis" does that sound right? Two other terms he gave me are"enlocus parenti" and "omnibus motion"( i'm not sure on the spelling but that's how they're pronunced.
When I asked him why his name didn't appear on the list of lawyers in ontario and canada he said he's not practicing law anymore at his age, doesn't pay his yearly legal fees, and does work in conjunction with lawyers. He said "think of me as a traffic cop". He seems to know the legal terms quite fluently and, being ferom Toronto(supposedly) he certainly knows alot of lawyers names in my area and the firms they're associated with.
He said there should be an averall review of everything. Does this make sense to you?
Thank you so much-you're always there with your infinite wisdom!! Thanks
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Old 02-28-2006, 01:10 PM
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god knows the truth,

Since this individual does not have a license, I would not disclose any information to him. His name can't be placed as the lawyer on record.

It appears that he is somewhat of a paralegal.

As per the Courts of Justice Act O.Reg 114/99 - FAMILY LAW RULES

which can be found here

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

RULE 4: REPRESENTATION

REPRESENTATION FOR A PARTY

4. (1) A party may,

(a) appear without a lawyer or other representative;

(b) be represented by a lawyer; or

(c) be represented by a person who is not a lawyer, but only if the court gives permission in advance. O. Reg. 114/99, r. 4 (1).

PRIVATE REPRESENTATION OF SPECIAL PARTY

(2) The court may authorize a person to represent a special party if the person is,

(a) appropriate for the task; and

(b) willing to act as representative. O. Reg. 114/99, r. 4 (2).


Question: Does he have the courts permission to act as a representitive for your ex?

The onus is on your ex to get this permission from the courts to act as his representitive. You do not make the family law rules

The other comment I have is it appears he is trying to intimidate you with all these terms. Tell him to speak plain english! in layman's terms!

Last edited by logicalvelocity; 02-28-2006 at 01:20 PM.
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Old 02-28-2006, 02:32 PM
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I'd echo what logicalvelocity has to say about being cautious about where you get your advice. Especially if the person needs to use big words but can't clearly explain what they mean.

Perhaps "enlocus parenti" is "in loco parentis"? This just means "in the place of a parent." Normally, this term is used when step-parents have acted as parents to children, and so are liable for child support.

An omnibus is something you'll find on the streets of Clapham (OK, that's an inside joke). Seriously, omnibus just means a lot of things at once. I've heard the term "omnibus motion" used in a legislative-type of context where a person might bring an omnibus motion at a meeting. I don't recall ever hearing this term used in a legal context. In any event, you can normally raise as many issues as you wish at a motion.
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Old 02-28-2006, 03:52 PM
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thanks LV for the insight. I don't want this person representing me nor is he representing my ex(we don't talk) but I thought I may get some info. from this guy that I haven't heard b/f that may help--at this point I'm just trying every that seems to make sense. I jumped the gun on this one.
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Old 02-28-2006, 03:56 PM
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It doesn't make sense to even use these terms when we're dealing with two biological parents. I'm wondering if the omnibus motion could be used when there are many things that should be reviewed i.e alot of things have be so messed up and redone in the last several years, maybe that's what he means???? I really don't know.
LV. I wish I could make up the family law rules we'd be on this forum but chatting about things a little more cherry. In my rules, everyone would 'win'.
Thanks again for the awesome help, both Jeff and LV, you guys are so on the ball!!!
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