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
  #11 (permalink)  
Old 10-14-2015, 08:39 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough
Default

I think a person has to quit bellyaching about biased judges and get down to some serious work on one's case. You may not like the current system but it is what it is so best to try to figure out best how to go about presenting your case.

Preparation requires much research. If you spend some time you will quickly see that, at least on CanLII, fathers are indeed successful in child custody if they have done their homework (with or without a lawyer). "Success" means many things to many different people. Some parents only want to have weekends with their children, some 50/50 and so on.

Important part of reading on CanLii is the reasoning behind the judge's decisions IMO.

Over 90% of cases do not go to trial and instead parties come to a settlement.
Reply With Quote
  #12 (permalink)  
Old 10-14-2015, 08:45 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough
Default

Another alternative to trial (if you feel the need to have someone else make your life's decision for you) is binding arbitration. It boggles my mind why people do not consider this alternative.
Reply With Quote
  #13 (permalink)  
Old 10-15-2015, 02:44 AM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,143
Links17 is on a distinguished road
Default

Quote:
Originally Posted by mcdreamy View Post
I'm curious. Do you think that being declared as a vexatious litigant is going to work towards or against your benefit in finding any future counsel? I don't know anyone who would willingly pick up a vexatious litigant without some serious cash retainer.
Haha, no way I am like an enemy of the state - lawyers are genuinely scared of me, vexatious litigants are actually crazy people who sue Canada because it rained... but I just pay them for a couple of hours of consultation but so far following one of the consultations got a judgement ordered against me with costs and the other ended up with two lawyers at the firm disagreeing on the right answer. I would never hire another lawyer in my life for divorce stuff.

I have my appeal in 2 weeks we will see if I can shake the declaration.
Reply With Quote
  #14 (permalink)  
Old 10-15-2015, 03:24 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by arabian View Post
Another alternative to trial (if you feel the need to have someone else make your life's decision for you) is binding arbitration. It boggles my mind why people do not consider this alternative.
People are misinformed and think it is more expensive. They think judges are "free" and why pay for one? You are correct, binding arbitration is a much better (and cheaper) route. Judges (and the court process) make everything 3-4 times more expensive and 10 to 20 times longer!
Reply With Quote
  #15 (permalink)  
Old 10-15-2015, 03:49 PM
Member
 
Join Date: Sep 2015
Posts: 39
bautista27 is on a distinguished road
Default

I would love binding arbitration, but when one party is represented by legal aid (no financial motivation), there is less of an incentive to go that route.

Any suggestions on how to use CanLII to find cases in which fathers are successful in child custody?
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
Motion for Security for Costs pending trial ResponsibleDad Divorce & Family Law 9 03-27-2015 06:31 PM
making cost submission -self repd what do I include Ace Financial Issues 12 12-17-2012 12:27 PM
Costs from family trial? SheShe Divorce & Family Law 6 11-19-2010 09:18 AM
Case Conference and continueing record serrona Divorce & Family Law 5 01-12-2007 06:55 PM
Legal Aid serrona Divorce & Family Law 1 10-27-2006 08:00 PM


All times are GMT -4. The time now is 02:08 AM.