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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11 (permalink)  
Old 04-05-2017, 10:04 AM
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You need a lawyer that specializes in civil cases. In most situations, if there was no conviction the civil case doesn't go forward. You may want to go for a consultation just to see what you're in for. Your ex will have to prove her injuries and you would have the option to counter that. Your kids could testify for either side depending on if they were called and don't kid yourself, your ex would call them.

You may also be able to counter sue or have the kids sue for damages for what they had been through but that an ambulance chaser kind of situation and will only lead to more emotional damage.

I would definitely recommend you seek out a civil litigation lawyer and get some advice. You cant self rep in this instance. It would be catastrophic.

Part of me wants to recommend you threaten to file charges of abuse against the grandfather if she goes forward with this claim but that may be bad advice...
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Old 04-05-2017, 11:20 AM
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Part of me wants to recommend you threaten to file charges of abuse against the grandfather if she goes forward with this claim but that may be bad advice...
Yup. It is bad advice.

Threatening Criminal Charges is Extortion - Criminal Lawyer in Toronto | Stephen Jack

Doing that is called Extortion.

Never ever ever ever threaten you will bring criminal charges in a civil suit. It is a huge no-no.

If someone does something illegal you need to call the police. You don't use it to extort the other party in your civil legal matter.
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Old 04-05-2017, 11:28 AM
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Yup. It is bad advice.



Threatening Criminal Charges is Extortion - Criminal Lawyer in Toronto | Stephen Jack



Doing that is called Extortion.



Never ever ever ever threaten you will bring criminal charges in a civil suit. It is a huge no-no.



If someone does something illegal you need to call the police. You don't use it to extort the other party in your civil legal matter.


I have my moments Tayken
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Old 04-05-2017, 11:30 AM
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What if I just proceeded to launch a civil action on behalf of the children siting breach of fiduciary. There is plenty of evidence by way of the OCL . I am just looking for some leverage. Again forgive me all. I am still in a state of high anxiety
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Old 04-05-2017, 12:14 PM
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Talk to a lawyer. Im telling you, civil cases are so much different than family law and you will need the legal advice. Even if its just an hour going over what to expect. Or as a last resort, maybe speak to duty counsel.
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Old 04-05-2017, 12:49 PM
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Has your ex started legal action against you or is this just threats via text/email?

If so, what has she served you with?
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Old 04-05-2017, 01:16 PM
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I have my moments Tayken
To your benefit... You wanted to recommend it... and even questioned your advice.
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  #18 (permalink)  
Old 04-05-2017, 01:18 PM
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What if I just proceeded to launch a civil action on behalf of the children siting breach of fiduciary. There is plenty of evidence by way of the OCL . I am just looking for some leverage. Again forgive me all. I am still in a state of high anxiety
Make them sever the tort from the family law proceeding and hold until the family law matter is complete. Then you will have the evidence from the family law order to rely upon. They are simply trying to complicate the situation by doing this.

You should retain a lawyer to assist you. This is way complex stuff to deal with.
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Old 04-05-2017, 04:44 PM
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Has your ex started legal action against you or is this just threats via text/email?

If so, what has she served you with?
Hi A, she's attempting to amend the pleadings in her original Answer for a tort claim. Just before the trial management conference!
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Old 04-05-2017, 04:48 PM
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Make them sever the tort from the family law proceeding and hold until the family law matter is complete. Then you will have the evidence from the family law order to rely upon. They are simply trying to complicate the situation by doing this.

You should retain a lawyer to assist you. This is way complex stuff to deal with.
Thanks T. Looking for one, but its a difficult choice looking at LawyerRatingz.com. I just spoke to someone today on a free half hour consult, I liked him, but I look him up and many reviews say he's dishonest and incompentent. I see alot of the phrase "Churn and Burn" in the reviews.

I offered a prepaid limited retainer for this tort stuff. I think I have handled the past 4 years just fine on my own.
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