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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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  #21 (permalink)  
Old 09-17-2012, 12:48 PM
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Originally Posted by sahibjee View Post
Alright so here is the outcome of the motion

Access: At court I indicated that I am willing to accept ex's access schedule but the problem is with ex trying to cancel my bail with vengeance. gave few examples. court imposed a condition on her that she not be within 500 meters of any place where i am going to pickup my child from and then gave the access ex' was asking for.
however the Judge's wordings were not clear and hence the crown refused to give bail amendments (i agree judges' words made no sense i.e. recommending access center on a day access center isn't even open)

I have written to her lawyer to have the terms written up properly, lets see what happens.

Custody: her argument for final custody was shot dead by the judge with one line "this is not a summary judgment motion, you know the rules"

then her lawyer argued for temporary custody (child with ex for 11 months now) she got that.

I am not sure why my case is not on canlii, its been going on since last October.

BTW, does any one know if this is usual for the judge to allow the lawyer of ex the other party to simply write up the draft order and not seek my consent as to content and form because i am selfrep? that kinda pissed me off
not it's not. According to the rules they should serve on you draft with endorsement and you have 10 days to accept of not.
  #22 (permalink)  
Old 09-17-2012, 02:08 PM
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Quote:
Originally Posted by sahibjee View Post
Alright so here is the outcome of the motion

Access: At court I indicated that I am willing to accept ex's access schedule but the problem is with ex trying to cancel my bail with vengeance. gave few examples. court imposed a condition on her that she not be within 500 meters of any place where i am going to pickup my child from and then gave the access ex' was asking for.
So an order for access was made but, you don't need to go back to court to resolve the issues. You can deal with it through an official Offer to Settle on the issue that came up as a result of the order.

Just focus on fixing the broken access schedule in the order, write an offer to settle that very specific issue you have identified, fill out everything for an order to be made on consent, sign the SA agreement and the consent order and supporting affidavit and serve it on the other lawyer through proper service (registered mail with a tracking number).

Don't argue about what should be done, make an offer to settle on how to resolve the problem and don't engage in back and forth with the other lawyer. Just send something that solves the problem that resulted from the order and miss placed dates.

Quote:
Originally Posted by sahibjee View Post
however the Judge's wordings were not clear and hence the crown refused to give bail amendments (i agree judges' words made no sense i.e. recommending access center on a day access center isn't even open)
See my above comment...

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Originally Posted by sahibjee View Post
I have written to her lawyer to have the terms written up properly, lets see what happens.
Just do it with an offer to settle with all the paperwork and the order made on consent and supporting affidavit on the lawyer. Don't back and forth. Demonstrate you can (and have) solved the problem and hand them the paperwork so there is nothing to argue about.

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Custody: her argument for final custody was shot dead by the judge with one line "this is not a summary judgment motion, you know the rules"
Why do judges have to tell REPRESENTED clients this kind of stuff? Really, where is the LSUC on this kind of conduct before the courts and requests.

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Originally Posted by sahibjee View Post
then her lawyer argued for temporary custody (child with ex for 11 months now) she got that.
Did they make a cross motion for that... If not... The judge should have thrown them out of the court room in my opinion. No cross motion / motion then no order I say.

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Originally Posted by sahibjee View Post
I am not sure why my case is not on canlii, its been going on since last October.

BTW, does any one know if this is usual for the judge to allow the lawyer of ex the other party to simply write up the draft order and not seek my consent as to content and form because i am selfrep? that kinda pissed me off
See WD's comment.
  #23 (permalink)  
Old 09-17-2012, 02:43 PM
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Originally Posted by Tayken View Post
Just do it with an offer to settle with all the paperwork and the order made on consent and supporting affidavit on the lawyer. Don't back and forth. Demonstrate you can (and have) solved the problem and hand them the paperwork so there is nothing to argue about.
great idea, i'll do just that

Quote:
Why do judges have to tell REPRESENTED clients this kind of stuff? Really, where is the LSUC on this kind of conduct before the courts and requests.
More than not following the rules, what i was left baffled with is that the opposing lawyer was lying with bold face while i had her own letters sitting in front of the judge to prove to the contrary. and lying on matters that were trivial, i.e. access to information regarding my son was not being provided, they said they did provide it, I had their own letters sitting in front of the judge in which lawyer herself had confirmed that she did not (and many other evidences of her and her lawyer lying) but the Judge did not seem concerned at all, i felt like judge didn't care about being lied to.

Quote:
Did they make a cross motion for that... If not... The judge should have thrown them out of the court room in my opinion. No cross motion / motion then no order I say.
Nope, no cross motion for temporary, she just raised it on the spot. I thought the judge would shoot it down for this very reason, but the judge didnt.

now what happened the very next day (access day = Wednesday) the court order was not drafted yet, and OCL investigator had clearly written that bail changes will be required for me to pickup my son from daycare, and I had also written the same to her lawyer. she left our 3 year old autistic son in daycare, sighting the court order that i shall pick him up from daycare. she had full knowledge that i could not go there before the bail changes.

she called my friend and told him to tell me to pick up our son from daycare, i told him not to say anything to her on my behalf (indirect communication) and that since daycare wont release him except to parents, my only other option is CAS or cops. however my friend is a good salesman and somehow sold her the idea that she must go pickup our son, so she did.

her lawyer has now agreed in writing that the new court order will only be practicable once the bail changes are in place, until then the old schedule is to remain in force.

I see all of this as a malicious attempt at trying to have me violate my bail and get arrested, and putting our son at risk while doing this, I wonder if i should mention this at our upcoming settlement conference or keep it for trial or just not mention it? bad bad parenting in my opinion

Last edited by sahibjee; 09-17-2012 at 02:46 PM.
  #24 (permalink)  
Old 09-17-2012, 02:48 PM
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not it's not. According to the rules they should serve on you draft with endorsement and you have 10 days to accept of not.
ok this must be my fault then as i wasnt aware of this rule and the last order sat with me for more than 10 days, before our motion her lawyer passed a paper to the judge and the judge left the room to read it ... could be a complaint about this i guess? I have no idea what was in that paper.
  #25 (permalink)  
Old 09-17-2012, 02:56 PM
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ok this must be my fault then as i wasnt aware of this rule and the last order sat with me for more than 10 days, before our motion her lawyer passed a paper to the judge and the judge left the room to read it ... could be a complaint about this i guess? I have no idea what was in that paper.
Well, if they sent you draft and you did not reply to it within 10 day that mean you agreed to that.

Her lawyer should passed copy to you too.

WD
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