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General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

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  #11 (permalink)  
Old 11-04-2014, 12:12 PM
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Originally Posted by HammerDad View Post
First, it is Superior Court of Ontario. The Supreme Court of Canada likely isn't going to be looking at this sort of stuff..

I would simply change the locks and look to get a restraining order to a peace bond. She can't keep coming and going in a place where she no longer resides.

If you have an order to exclusive possession, and her name is listed on the order, than the order applies to her as well. Should she attempt to re-enter the house, show the police the order with instructions to remove her.
Ok, it was stamped with supreme court of british columbia, ok I will go down to the court house and ask some people what I can do with that order in terms of what you suggested and revisiting it, maybe they will help me through it in a lawful orderly process with out the need for a lawyer this time, I know this is an ottawa forum and not a british columbia forum, but it is the best one I can find for help and infomation!
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Old 11-04-2014, 02:30 PM
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Ok, it was stamped with supreme court of british columbia, ok I will go down to the court house and ask some people what I can do with that order in terms of what you suggested and revisiting it, maybe they will help me through it in a lawful orderly process with out the need for a lawyer this time, I know this is an ottawa forum and not a british columbia forum, but it is the best one I can find for help and infomation!
Ah gotcha. Normally when I see Supreme Court, it almost always is "of Canada". So I stand corrected.

Speak to someone at the court house, see what they can do.

Also, have you advised her, in writing, that she is not permitted in the house per the court order? That should she attempt to re-enter the house without another order providing her with permission, you will call the police to have her removed? You need to be upfront that she is persona non-Grata there and you will use all legal means at your disposal to ensure that they are not permitted to return.

Another thing you can do is turn that nanny suite into one bigass storage spot. If it isn't needed for your personal use (or that of the kids), I'd jam it so full of stuff that they couldn't get in the door. I am sure you have some family and friends that could stuff stored for them.

As for locks, don't just change the locks, put full on deadbolts in there. Ensure that all windows also have ways to be locked. May it virtually impossible for her to get in on her own without a locksmith. Post a copy of the court order in the front window as well.
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Old 11-04-2014, 08:05 PM
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Take HammerDad's advice for this current situation to do your best to keep her barred. I'm extremely curious as to the wording of your order - if the inlaw wasn't a party to the proceeding, how on earth can she be barred?

Prepare yourself for a final decision to be made on the mat home. If the 3 of you can't come to an agreement, a judge will. Obviously at least the inlaw needs her money out to move forward. Costs will be awarded against whatever party isn't acting reasonably.

Retain a lawyer? No - but definitely send an Offer to Settle on your terms, and be prepared to negotiate. You will not be permitted to stay in the mat home indefinitely. Move this forward.
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Old 11-06-2014, 03:48 AM
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Take HammerDad's advice for this current situation to do your best to keep her barred. I'm extremely curious as to the wording of your order - if the inlaw wasn't a party to the proceeding, how on earth can she be barred?

Prepare yourself for a final decision to be made on the mat home. If the 3 of you can't come to an agreement, a judge will. Obviously at least the inlaw needs her money out to move forward. Costs will be awarded against whatever party isn't acting reasonably.

Retain a lawyer? No - but definitely send an Offer to Settle on your terms, and be prepared to negotiate. You will not be permitted to stay in the mat home indefinitely. Move this forward.
Oh I have made reasonable offers, she has even accepted a chunk of money and included I had my lawyer draw up the seperation agreement with the ex along with the division of the home between those two....then last minute she refused to sign....I hate to assume the bad, but she knows I am a nice guy maybe quite nieve and is walking all over me, she won't get a lot from the home and is having fun playing games.....there is a lot to this situation and this woman I could go on for days.....I believe the judge would find me very reasonable, other than I show no care for rushing to revisit the last order that should have been revisited by jan31(for sale of the home).

The mediation was just me my lawyer the mediator and the mother inlaw, the stbx did not show....she never showed up to 2 family court precedings for my primary care and control motions. So it was a mediation about the home being sold and how much and in what manner to sell it....she was supposed to advertise it....she did not do that in the specified time, so I went ahead and did it....and have maintained it since...she was to store her stuff in a room inside and the rest in the garage....and then let me have entire and full use of the property after nov-2013 save and except with respect to the MIL's personal property which I will not interfere with, she has to give me 24 hrs notice to come and get it....I told her she can not move back in, I did not say she can't get her stuff etc...

She says she is gonna take me to court, so I guess I can counter and ask for legal costs as well...
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