message from his lawyer

[logicalvelocity]

Littleman,

I have to ask; Why is the other parties Lawyer communicating with you via email and disclosure of document content in emails.

If you are receiving these emails at work, it is harassment and not too professional. Its equivalent to receiving lawyers letters and phone calls at work. Courts would not condone this behavior of the other parties lawyer.

It could be a tactic by them to miss your deadline for the Reply form 10A to be completed served and filed.

Have you actually received the other parties documents yet?

LV

[littleman]

Originally Posted by logicalvelocity

Littleman,

I have to ask; Why is the other parties Lawyer communicating with you via email and disclosure of document content in emails.

If you are receiving these emails at work, it is harassment and not too professional. Its equivalent to receiving lawyers letters and phone calls at work. Courts would not condone this behavior of the other parties lawyer.

It could be a tactic by them to miss your deadline for the Reply form 10A to be completed served and filed.

Have you actually received the other parties documents yet?

LV

Lv

I recieved the email from my ex (I assumed giving me the heads up that I was being served). After I calmed down a bit, I thoroughly read his ANswer and I found many false statements and incomplete forms (mainly the financial statement-ie neglected including car insurance, mortgage holder, the value of the house and his vehicle-thats just a few). I served & filed my reply today and more exhibits to disprove his claims. I also spoke with the legal council at FLIC today. I do have a question however.......what does CLR stand for exactly....as per my previous threads I am self represented and I feel and have also been reassured that I have a solid case against him. I just dont want the possibility of being tripped up in court and losing my child on a technicality......

I would like to express my thanks and gratitude to everyone for their responses and help through this......Im sure you can tell by my persistance I am willing to stop at nothing to get full custody of my son.
I would also like to mention that this site has been god send......I cant afford a lawyer and it has helped me navigate my way through the legal system to a point where I am very comfortable representing myself.

LM

[logicalvelocity]

Littleman,

CLR is an acronym - not official but I say it often.

Children's Law Reform Act R.S.O. 1990 c.C.12

a copy of the official statute is here at elaws.

http://www.e-laws.gov.on.ca/DBLaws/S...sh/90c12_e.htm

Section 20 to 24 you should read.

Know this or print out a copy as you will be refering to it often.

It basically governs the rights of children in custody and access disputes.

In regards to the child support claim the Family Law Act will apply

Its official citation is

Family Law Act R.S.O 1990 c. F. 3
http://www.e-laws.gov.on.ca/DBLaws/S...sh/90f03_e.htm

Section 31 deals with the support of a child. It is pretty much no fault except if a older child withdraws from parential control.

Child Support Guidlines for Ontario is known as
Family Law Act

Ontario REGULATION 391/97

Amended to O. Reg. 102/06

CHILD SUPPORT GUIDELINES

A copy of which can be found here and has the tables and rules to determine amount of support payable.

http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

The rules that regulate the whole court proceding falls underthis Act


Courts of Justice Act

ONTARIO REGULATION 114/99

Amended to O. Reg. 76/06

FAMILY LAW RULES

A copy of the rules can be found here.

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

The Family Law Rules goes into specifics when it comes to service of
documents.

Rule 13 deals with financial disclosure and if you don't have enough information rule 13(11)
ADDITIONAL FINANCIAL INFORMATION

(11) If a party believes that another party’s financial statement does not contain enough information for a full understanding of the other party’s financial circumstances,

(a) the party shall ask the other party to give the necessary additional information; and

(b) if the other party does not give it within seven days, the court may, on motion, order the other party to give the information or to serve and file a new financial statement. O. Reg. 114/99, r. 13 (11).

You can also have him examined or any other person under oath under Rule 20
Rule 20 deals with QUESTIONING A WITNESS AND DISCLOSURE


LV

[logicalvelocity]

Littleman,

I am not sure of your circumstance but I should also add that if you were and are married to you ex, then the Divorce Act(Canada) can apply also.

It deals with custody, access and support of the children.

An electronic copy can be found here

Divorce Act
R.S., 1985, c. 3 (2nd Supp.)

[Assented to February 13, 1986]

[1986, c. 4, assented to 13th February, 1986]

http://laws.justice.gc.ca/en/D-3.4/235045.html

[littleman]

Originally Posted by logicalvelocity

Littleman,

I am not sure of your circumstance but I should also add that if you were and are married to you ex, then the Divorce Act(Canada) can apply also.

It deals with custody, access and support of the children.

An electronic copy can be found here

Divorce Act
R.S., 1985, c. 3 (2nd Supp.)

[Assented to February 13, 1986]

[1986, c. 4, assented to 13th February, 1986]

http://laws.justice.gc.ca/en/D-3.4/235045.html

LV

«Yes the ex & I were married at one point.......while we were going through the divorce process he had a girlfriend that died and inherited her car......she died in december of one year and our divorce wasnt finalized til the following June.........I dont think the divorce act still applies however I do believe that you cannot be considered someones spouse unless they are single/divorced......."food for thought" I guess

[Lindsay]

I do believe that you cannot be considered someones spouse unless they are single/divorced

Actually, there are a lot of cases in which a married party, although separated from their wife or husband, reaches common law status with their new partner. So, technically, one could have two spouses.

I dont think the divorce act still applies

If you are still married, the Divorce Act is applicable. I'm thinking you may not be though since you state that you and your ex were married "at one point."