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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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  #111 (permalink)  
Old 07-31-2015, 07:43 AM
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The incongruence of both allowing the child to be with the father and claiming the child to be in danger. It was the same thing that tripped up my ex. We were essentially sharing the child 50/50 after separation all overnights. And yet she was claiming the child was in danger.

Unfortunately that's why a smart liar like in lf32 case will just hold the child away from the father. But then as it appears the truth leaks out, albeit more slowly, but it comes out in other ways.
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  #112 (permalink)  
Old 01-09-2016, 09:30 PM
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So a new development in my case.

In July we settled our custody and access. It went from wild allegations to joint 50/50 custody on a 2-2-5-5 basis.

The second settlement conference was schedule for early January. It was to deal with child support and they want to break open my marriage contract to dispute spousal and equalization.

The applicant served me late by putting the papers in the mail three days before Christmas (in fact I have yet to receive it),

When I got a copy from the clerks office I could see no offer was made.

So we went in front of the judge he said "looks like we are getting anywhere so I am converting this into a trial management conference and I want trial by March."

So looks like I am going to trial.

I have sent in a revised letter of offer and requested a Legal Aid mediation (letting the opposing side I will have representation for that mediation). They said no. Claiming legal aid can't mediate in spousal and equalization.

So...wow. I guess this is going to trial.

Next stop questioning.
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  #113 (permalink)  
Old 01-10-2016, 08:58 PM
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Originally Posted by Headwaters1 View Post
So a new development in my case.

In July we settled our custody and access. It went from wild allegations to joint 50/50 custody on a 2-2-5-5 basis.

The second settlement conference was schedule for early January. It was to deal with child support and they want to break open my marriage contract to dispute spousal and equalization.

The applicant served me late by putting the papers in the mail three days before Christmas (in fact I have yet to receive it),

When I got a copy from the clerks office I could see no offer was made.

So we went in front of the judge he said "looks like we are getting anywhere so I am converting this into a trial management conference and I want trial by March."

So looks like I am going to trial.

I have sent in a revised letter of offer and requested a Legal Aid mediation (letting the opposing side I will have representation for that mediation). They said no. Claiming legal aid can't mediate in spousal and equalization.

So...wow. I guess this is going to trial.

Next stop questioning.
What do you mean by questioning?

How does questioning work?

Is it before a trial?
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  #114 (permalink)  
Old 01-13-2016, 02:10 AM
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Yes before trial. It's like deposition in any other court case. You get asked questions and court reporter records it all. Such fun.
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  #115 (permalink)  
Old 01-23-2016, 07:49 AM
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So the latest headache is...the judge allowed her to amend the pleadings. So an amended application was filed two weeks ago. *

Turns out she missed the rules on amended documents that states you have to include in rule or order in the column on every page that has an amendment.*

*‎So after being served on me it turns out the court refused it as deficient.*

I emailed her lawyer asking what they plan to do.*

They responded saying "it was a clerical error which will be corrected by a motion 14b which will be served on you next week".*

Has anyone heard of this before?
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  #116 (permalink)  
Old 01-27-2016, 03:19 PM
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The major issue at hand now is the Marriage Contract. I have allowed them to amend the pleadings to accept the argument they want to "strike down" the marriage contract.

The contract was signed:
check
- With independent legal advice - with a lawyer she contacted and met without any intervention on my part

- disclosure of all assets and liabilities were shared - in fact the contract itself says all parties were satisfied with disclosure

- attached to the contract were two certificates of solicitors - signed separately by each lawyer (mine and hers) which stated they reviewed the contract in detail, affirmed they were dealing with the right people (checked id) and they believe the parties understood the consequences of what they were signing.

So now she is claiming that:

- she did not understand English - that the lawyers accent was too thick
- she didn't see disclosure
- felt pressure to sign it
- lawyer did not go through every clause

So now I have just contacted her previous lawyer since it looks like we are going to trial to see if he would serve as a witness.

He says he will sign an affidavit to the effect he did met with her, she understood him clearly and they went through the contract.

He said that he won't serve as a witness but I need to serve him with a notice of some sort to request this information.

Does anyone know the proper form to serve on a lawyer? I will need to serve this on the other party as well.

I think this is good news...very helpful.

Last edited by Headwaters1; 01-27-2016 at 03:25 PM.
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  #117 (permalink)  
Old 08-03-2016, 10:04 PM
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Quote:
Originally Posted by Headwaters1 View Post

So the latest headache is...the judge allowed her to amend the pleadings. So an amended application was filed two weeks ago. *

Turns out she missed the rules on amended documents that states you have to include in rule or order in the column on every page that has an amendment.*

*‎So after being served on me it turns out the court refused it as deficient.*

I emailed her lawyer asking what they plan to do.*

They responded saying "it was a clerical error which will be corrected by a motion 14b which will be served on you next week".*

Has anyone heard of this before?
Was their Form 14 B Successful?
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