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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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  #51 (permalink)  
Old 05-15-2017, 01:04 AM
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Originally Posted by Dad1985 View Post
Can I ask how much it would likely be going to trial with a lawyer?
Trial like this is no less than 15 days.

It takes 1 day of prep for every 3 days in court. That is 20 days of legal billing + other stuff (15% of total)

Lets say your lawyer costs 350.

((350 (rate) * 1.13 (tax))*7.5 (hours) *20(days)) *1.20 (disbursements) = 71,190

So, you are looking at about $71,190++ in legal costs at 350 an hour.

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Would anyone recommend me representing mysel?
No. Based on the questions you are asking here you are not prepared to do so.
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  #52 (permalink)  
Old 05-15-2017, 01:16 AM
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Quote:
Originally Posted by Tayken View Post
Trial like this is no less than 15 days.

It takes 1 day of prep for every 3 days in court. That is 20 days of legal billing + other stuff (15% of total)

Lets say your lawyer costs 350.

((350 (rate) * 1.13 (tax))*7.5 (hours) *20(days)) *1.20 (disbursements) = 71,190

So, you are looking at about $71,190++ in legal costs at 350 an hour.



No. Based on the questions you are asking here you are not prepared to do so.

A trial requiring to dispute an OCL report takes this long is what you are suggesting? Where would I get $71,000 from ? What happens if you run out of money in the middle of your trial ?
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  #53 (permalink)  
Old 05-15-2017, 09:11 AM
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I disputed a OCL report at my family court trial. My ex spent $80,000, $60,000 was just for trial. It lasted 14 days.

These numbers are not that far off. I was successful, but as Tayken has indicated the questions you are asking show that you are not prepared to take this on at this time. I studied from the time I filed and became the applicant to the time we finished trial and I was still learning and making mistakes at trial and that was 1 1/2 years in length from Application to Trial.

I have always said you are far better to represent yourself in family court as the judge gets to know you, and not you through your lawyer. But you have to understand the basic of the process.

A good starting point it to read each of the pieces of legislation in it's entirety.
1. The family law rules
2. The children's law reform act.
3. The divorce Act
4. The rules of civil procedure
5. The court of justice Act

Some of these documents are over 400 pages each, and this is just to understand the basics.

Then you need to read the leading case law on various issues you will be dealing with.
1. Mobility
2. Custody
3. Access
4. BIOC
5. OCL / Private assessments.
etc. etc. etc.

If you don't understand what makes a case a leading case then you will need to understand how jurisprudence created.

Family law is like a rabbit hole. The deeper you go the more you figure out how much there is that you don't know.
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Old 05-15-2017, 12:42 PM
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A trial requiring to dispute an OCL report takes this long is what you are suggesting?
Yes. See comments from ID75 on his personal experience and costs. These are complex matters when OCL is involved.

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Originally Posted by trinton View Post
Where would I get $71,000 from?
From your savings account if you are wealthy. From your employment income if you have a really good job. From family members, if you have a rich family.

Quote:
Originally Posted by trinton View Post
What happens if you run out of money in the middle of your trial?
Your lawyer will ask for a retainer for the full amount prior to trial. This is because they can't quit in the middle of the trial. So, they are going to ask for payment up-front.

Good Luck!
Tayken
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  #55 (permalink)  
Old 05-15-2017, 03:00 PM
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No. Based on the questions you are asking here you are not prepared to do so.

agreed. Im by no means looking to lose access with my daughter as well.

Will the judge try at the settlement conference to keep us out of trial?
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  #56 (permalink)  
Old 05-16-2017, 02:34 PM
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Quote:
Originally Posted by Dad1985 View Post
Will the judge try at the settlement conference to keep us out of trial?
As I learned, if the opposing party is not willing to settle or make sacrifices, the judge has no ability to 'keep you out of trial'. They are there to offer advice and as experienced mediators.

1st SC: never saw a judge, just got an order for OCL
2nd SC: Judge recommended a 50/50 visitation above what OCL recommended. Then flipped on her decision and told me to accept 2 out of 3 weekends and be happy with that.
TMC judge: made us wait all day, then sent it to trial after a 10 minute talk with lawyers only.

Now I'm prepping for trial over a weekday overnight that she refuses that I be allowed to have.
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  #57 (permalink)  
Old 05-16-2017, 02:42 PM
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What did OCL recommend?
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Old 05-16-2017, 02:55 PM
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OCL recommended a reduction from current week about to 2 out of 3 weekends and 1 weeknight. I made her an offer to match the one she had made but with less grey areas (S7, holidays, summer access etc) and she refused stating that the weekday overnight would be too hard for the kids.
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  #59 (permalink)  
Old 05-16-2017, 02:56 PM
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Can I ask what ocl based this on?
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  #60 (permalink)  
Old 05-16-2017, 03:19 PM
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1. Domestic violence - Ex claims I was verbally abusive, no proof.
2. Living situation - My kids had bunk beds in the living room. I was living in a one bedroom apartment at my mothers at the time.
3. Wifes claims that my son needs to be medicated and I refuse.

In both the childrens and my ex's interviews with OCL, all three stated the kids are healthy, happy and their are no concerns. The kids both stated they want things to stay the same. (S was almost 11 at the time and D was 9)

As for my 35 pg dispute, they sat on it for several months until after SC #2 and replied that even thought the clinician didn't speak with the family doctor or the teachers, they would support her decision.
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