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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 08-29-2015, 09:20 AM
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Default Incredibly Bias Judges

I have had the unfortunate pleasure of being in court many times, about 6 out of those 10 times I was in front a of a specific judge.

EVERY SINGLE time I am in front of that judge he is literally tripping over himself to give the other party what they want. He literally gives them exactly what they want to the dollar amount - if they ask for 10k, he gives them 10k.

In retrospect another judge, when they asked for 12500k, she gave them 3500$


Have any of you had experience with bias judges?
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Old 08-29-2015, 11:02 AM
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Yes. Mainly outcome was in my favor but it was pretty obvious.

"judges discretion" is what it all boils down to IMO.
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Old 08-29-2015, 12:35 PM
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I have experienced bias both for and against me. Not only from the judges but by assessors. Decisions made contrary to the best interests of the children. Unfortunately I was proved correct after the judge's decision was made and what I worried my ex would do as a direct result of the judge's decision did in fact happen.

My children were traumatized further as a direct result of the judge's order.

I do not blame my ex as he is cognitively disabled. I blame the judge and will support my children when they reach 18 and decide they want to launch a lawsuit against the court for ordering them to be traumatized further and disregarding their best interest.
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Old 08-29-2015, 04:06 PM
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I did well both in criminal and family court. The impression I had was that the judges had already made their minds up prior to each court appearance.

We participated in several motions where lawyers gave their little performances for the sake of decorum only. To this day my ex claims that his testimony was ignored and judge seemed perfectly uninterested in anything he had to say.

We eventually settled out of court in what would be considered a fair deal for both - had it gone to trial I'm sure Ex would have been financially ruined. Yes, there are incredibly biased judges in Quebec anyways.
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Old 08-29-2015, 05:27 PM
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I remember being quite taken back when at our JDR (binding arbitration) with the judge, shortly after we had started, my ex made a remark. The judge started in on him and kind of lectured him about how the JDR would be conducted... no disparaging remarks... expected respectful conduct etc. I was surprised because at the time I didn't think he made a derogatory comment. Maybe, after years and years of putting up with his shit, I had simply become used to his attitude. Anyhow, his lawyer wouldn't let him speak and for the rest of the day the judge deferred to me for any and all financial information for our company as well as pretty much for both of us. In other words, judge shut him down right at the start. During the breaks my lawyer was laughing his head off. I really didn't get what was going on at the time.
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Old 08-29-2015, 07:19 PM
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It was hilarious yesterday....

My ex-wife's alimony is supposed to end on Sept 1st (unless she can prove she is justified in getting more). Obviously, she rather get money off me than work so she filed a safeguard order so that the alimony would continue till the hearing (in December, which i had to bend heaven and earth to make happen - no less than 3 attempts to do so).

I've gone bankrupt since the divorce (the judge at the divorce even commented I should go bankrupt...) ..

The hearing starts like this
My ex's attorney: Your honor we are here because we need to request alimony for my client.
Judge: Doesn;t she already have alimony,,
Attorney: Yes she does but it ends Sept 1st....
Judge: Ok...
Attorney: In your judgement she is allowed to ask for it to continue.....
(JUDGE interrupts)
Judge: Ok so let it continue.... what the problem
Attorney: But we have to justify to you why it should continue....
Judge: Oh ok, why should it continue....
Attorney: Actually we have a hearing in December where we'll discuss it there,
Judge: Oh ok....


The judge was literally just dying to give her alimony without looking into the issue reading the judgement or anything, the lawyer had to STOP him from doing it...

That was just the beginning the rest of the hearing got worse... He basically assumed the worst of me for everything even though I have never lied in court and me ex.

He awarded my ex 10,000$ for legal fees, for a trial where the legal fees aren't going to surpass 2,000$ -he implied I was committing fraud because of a bankruptcy that kept me in the house (though I told him my ex-wife signed off on the transaction) - he also got pissed i still had my car which I had sold pre-bankuptcy (all above board, with the approval and direction of the trustee) the house and the car had no equity in them which I explained to him and he had the figures to look at.

Then when he found out I took the kids for a road trip to the USA (with my extended family, paid for by my dad) after bankruptcy he used it as another excuse to act like I was scamming.

He blamed me for not paying my ex-wife 38k as per the divorce judgement (the same one where he says I have no money) that i owe her and the fact I was living off 1400$/mo for the past 2 years and she has been living off 4k was irrelevant. The fact she filed a contempt motion against me that took a whole day of court time only to be thrown out because of her false accusations (judge's own words) was irrelevant.

At the end it was an "emergency" hearing which has no impact past December but I spent the rest of the day and Friday laughing to myself about how crazy it was.... Even the 10k is not set until then anyways.... It was purely symbolic

Utterly bias to no end.....

Last edited by Links17; 08-29-2015 at 07:33 PM.
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Old 08-29-2015, 09:30 PM
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Sounds like a bit of a circus. Must be frustrating and I can see how you are definitely on the defensive

It seems Judges do not read all the information of most of the cases that cross their desk. They must be leaqued with the lawyers encouraging more legal fees. Very frustrating for sure
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Old 08-29-2015, 10:32 PM
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It is a three ring circus! I wonder if the judges and lawyers teleconference the bare bones of each case - agree on an outcome, do the rough math and it's on with the show? We have the privilege of watching these clowns take control of our futures and going broke in the process?

It breaks my heart when I see all the trouble that some people go to in trying to produce perfect affidavits and gathering mountains of case law to prove their point - when most of it will end up in the garbage. The judge won't look at a 10th of it. It's a farce.

The most terrifying aspect of going to trial has to be the risk of some biased judge's personal interpretation of the law? Save your money and settle out of court if at all possible.
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Old 08-29-2015, 11:21 PM
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True about the affidavits - It was funny her lawyers wrote an 8 page affidavit which i responded to and they wrote another 8 page affidavit responding to mine.

The judge doesn't look at anything and just waves his wand.... 0 credibility. Other judges don't do that, just this joker... at least they fake it.

Documentary evidence - who needs it - just take the random accusations and go with it..... I swear to god it makes me chuckle even now....

Go to appeal, they say - "Yeah, he didn't do his job properly" but we like the result... Only in family court can you NOT do your job well and still get "good results"
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Old 08-30-2015, 02:19 AM
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FYI - judges usually have the case files delivered to their office at least 7 days prior to court hearing so they can review them ahead of time. Last just we had couldn't bother his ass to do this and he admitted that in court. We ended up adjourning 6 months just so his honor could get his shit together. When we reconvened it was still a disorganized mess.

Links - sorry to hear thing have been so tough for you the past 2 years. You may not have been prepared for the fact that when someone goes bankrupt, the family court merely sees the bankruptcy as a good thing in that you are in a better financial position to pay SS because you have eliminated your other debt.

Regarding affidavits, yes it is common for a response to each and every affidavit you provide. A definite money-earning activity for lawyers.

Hang in there - SS isn't for life (hopefully for you). The end is in sight!
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