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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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  #41 (permalink)  
Old 10-31-2017, 12:19 AM
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trinton has a little shameless behaviour in the past
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Originally Posted by arabian View Post
Okay so you charm females at your local courthouse therefore you don't hate women. I guess I stand corrected.
I also charm females at work, and at social settings. I also charm our child who is a girl who I absolutely adore. You do stand corrected. Just because I don't charm some biased females on this site doesn't mean that I think women are evil. Black and white mindset ?

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Originally Posted by arabian View Post
Your threads/posts always seem to me to have one common denominator: women are evil... judges are biased. Oh, I forgot one important one: You don't have equal custody because of your previous lawyer.
Please point me to a few posts where I have specifically stated, or implied, that "women are evil". I do have mentioned at times that judges are biased. Just look at cases where spousal support is not ordered against dads, take those same cases, reverse the facts, and review the final outcome Does that mean that ALL judges are biased? Heck no. Have I ever specifically stated that women are bad and that ALL judges are biased?

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ALL: :every member or individual component
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SOME: an unspecified number or amount of people or things.
As per the important one. My previous lawyer wasn't involved in the making of the initial order. So I am not sure where that twisting of the fact came from. Nice try though, woman.


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Originally Posted by arabian View Post
Yawn.
Wake up. open your eyes, and stop seeing things so blurry .

Last edited by trinton; 10-31-2017 at 12:45 AM.
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  #42 (permalink)  
Old 10-31-2017, 10:47 AM
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Perhaps this thread needs to get back on track.

I believe somewhere down the line Trinton had asked whether he was wrong to claim that he was more entitled to look after his child while Mom is at work rather than the daycare arrangements Mom has made with Grandmother.

It would seem only fair that parents who live close by each other should be the first person of choice for each parent. But then this would take reasonable adults to make this choice. Unfortunately, this does not appear to be the case here.

It would seem a very simple decision for a judge to make....Mom is at work, Dad is home so Dad can help out, save money on unnecessary daycare and have first refusal. Sounds so obvious and simplistic.

It would also require decisions not to be made based on who pays CS and be a decision based on whatís best for the child regardless of how much you loath the other parent.

Unfortunately too many conflicts exists in This OPís relationship

I get Trintonís frustration. Itís such a ď no brainerĒ that the child should be with a parent before a babysitter. So I get that he is frustrated and annoyed that itís so complicated and hard to make this arrangement work between parents.
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  #43 (permalink)  
Old 10-31-2017, 12:36 PM
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It would seem a very simple decision for a judge to make....Mom is at work, Dad is home so Dad can help out, save money on unnecessary daycare and have first refusal. Sounds so obvious and simplistic.
But, you are forgetting the key element. The parents are battling for access and custody. No matter what kind of access or custody there is a battle requiring the intervention of the court. That in of itself is the conflict that judges don't like. It doesn't matter if one or both parents are engaged. It is conflict.

Now, Grandma is NOT free of conflict. Grandparents are always aligned to their child's opinions so it is not the best environment for the child either. In a matter of overnight where there are no qualified 3rd party over-night services (exception is in Barrie, Ontario where they have a 24h daycare!) then a parent for care overnight is better than no parent.

The court has to weigh who is the reason for the conflict and if the issues of the conflict will spread to the child in either parent's care. That is a delicate balance and the word "simple" should never be used to describe what a judge has to do. A careful ponderance of the evidence needs to be done by a judge. I would even say it is hard to do on affidavit evidence alone and on a simple court motion. It would require at minimum a long motion where evidence by the parents is given viva voce and is properly cross-examined. THe next and best option would be at trial.

Why Trinton's matter hasn't been fast-tracked to trial is puzzling. From what I have read it is an excellent candidate for the fast track to trial. A trial on the issues would end the conflict either both parents or one is creating quite quickly.

I would say this matter than many others I have seen on this forum is a great candidate for fast-tracking to trial. My recommendation would be to Trinton to press his lawyer as to why this has not happened or been requested?

Good Luck!
Tayken
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  #44 (permalink)  
Old 10-31-2017, 12:39 PM
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Originally Posted by Beachnana View Post
I get Trintonís frustration. Itís such a ď no brainerĒ that the child should be with a parent before a babysitter. So I get that he is frustrated and annoyed that itís so complicated and hard to make this arrangement work between parents.
It is the conflict that either both or one parent that is creating that makes this a real "brainer" versus a "no-brainer" for a judge. It requires viva voce evidence and proper cross-examination to resolve. Everyone waxes poetic and is nice and calculated in affidavits.

Affidavit evidence is planned... The viva-voce evidence is not... It is more representative of the true person and how they respond. You also can easily determine what was written by the lawyer and what was actually written by the person on the stand.

Trinton should be pressing this matter to the trial fast track and nothing else... That is my recommendation to him.
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  #45 (permalink)  
Old 10-31-2017, 05:03 PM
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Tayken: I was pushing for trial but new lawyer set it back for a settlement conference - wanted to get the other side to settle and had a good working relationship with other lawyer. Other side changed lawyers and the new lawyer well.. let's just say not so much settlement oriented. Didn't even file a settlement offer. OCL was ordered and agreed to investigate. Just waiting on the disclosure at this time.

My lawyer is thinking further settlement conference after disclosure. Are you suggesting to just go for a trial given the high number of failed settlement conferences ?

Sometimes I am not sure if settlement conferences are really intended to settle, or just money grabs. My lawyer is good at negotiating and settling cases, but I know we are going to end up going to trial.

Last edited by trinton; 10-31-2017 at 05:06 PM.
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  #46 (permalink)  
Old 10-31-2017, 10:26 PM
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Originally Posted by Beachnana View Post
Perhaps this thread needs to get back on track.

I believe somewhere down the line Trinton had asked whether he was wrong to claim that he was more entitled to look after his child while Mom is at work rather than the daycare arrangements Mom has made with Grandmother.

It would seem only fair that parents who live close by each other should be the first person of choice for each parent. But then this would take reasonable adults to make this choice. Unfortunately, this does not appear to be the case here.

It would seem a very simple decision for a judge to make....Mom is at work, Dad is home so Dad can help out, save money on unnecessary daycare and have first refusal. Sounds so obvious and simplistic.

It would also require decisions not to be made based on who pays CS and be a decision based on whatís best for the child regardless of how much you loath the other parent.

Unfortunately too many conflicts exists in This OPís relationship

I get Trintonís frustration. Itís such a ď no brainerĒ that the child should be with a parent before a babysitter. So I get that he is frustrated and annoyed that itís so complicated and hard to make this arrangement work between parents.
Thank you. It's always nice to see proper woman with common sense on this site.

Last edited by blinkandimgone; 10-31-2017 at 11:23 PM. Reason: Racist and offensive content.
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  #47 (permalink)  
Old 11-01-2017, 11:07 AM
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Originally Posted by trinton View Post
Tayken: I was pushing for trial but new lawyer set it back for a settlement conference - wanted to get the other side to settle and had a good working relationship with other lawyer. Other side changed lawyers and the new lawyer well.. let's just say not so much settlement oriented. Didn't even file a settlement offer. OCL was ordered and agreed to investigate. Just waiting on the disclosure at this time.

My lawyer is thinking further settlement conference after disclosure. Are you suggesting to just go for a trial given the high number of failed settlement conferences ?

Sometimes I am not sure if settlement conferences are really intended to settle, or just money grabs. My lawyer is good at negotiating and settling cases, but I know we are going to end up going to trial.
I am of an opinion that if a matter is 2+ years old... and 3 previous SC's were done on the issue with no resolution the matter should be tracked for trial. Especially if it about custody and access.

SC's for complex custody and access matters are a waste. The only time SC's are valuable is for money - equalization and child support where the law is clear.
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  #48 (permalink)  
Old 11-01-2017, 09:09 PM
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Originally Posted by Tayken View Post
I am of an opinion that if a matter is 2+ years old... and 3 previous SC's were done on the issue with no resolution the matter should be tracked for trial. Especially if it about custody and access.

SC's for complex custody and access matters are a waste. The only time SC's are valuable is for money - equalization and child support where the law is clear.
Thanks. I have the same opinion.
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