Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > General Chat

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.

Closed Thread
 
LinkBack Thread Tools
  #21 (permalink)  
Old 06-15-2006, 07:12 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

stoop,

you don't really know what is going to happen on the motion. Judges tend to rule on the side of caution when matters involve children.

I think the Judge will most likely have made its opinion on how they are going to rule just by the paperwork submitted.

Attending at the courthouse is good, you will be somewhat at ease tomorrow. You will have some bearings. When addressing the Judge stand and remember to refer to the Judge as "your honour."

To help you feel somewhat at ease, picture the Judge sitting in their underwear. They say this is a good technique when giving speeches. A friend of mine whom is a member of toastmasters told me this tip.

Court room attire, I recommend you do where a suit and tie. Appearance and perception is everything.

You have done everything you could have done in consideration of the circumstance. As a parent, you have done your duty to protect your child from possible harm.


Best of luck tomorrow

lv
  #22 (permalink)  
Old 06-16-2006, 12:40 AM
Jeff's Avatar
Administrator
 
Join Date: Sep 2005
Location: Buried in paperwork
Posts: 585
Jeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud of
Default

I don't know if you'll get this message in time but:

1. Most courts have duty counsel available. You should go in a bit early and track one down to see what legal help you can get.

2. I'd at least try to get an adjournment. If it's possible to get another court date prior to the scheduled departure for Japan, I think you'd have a good chance of getting the adjournment. If there is time for an adjournment you may also want to question your spouse to find out more details about the trip to Japan.

GOOD LUCK!!
__________________
Ottawa Divorce
  #23 (permalink)  
Old 06-16-2006, 12:53 PM
Junior Member
 
Join Date: Jun 2006
Posts: 29
stoopid1 is on a distinguished road
Default well it's over

Hi, I just got home and I lost. The judge is permitting the trip to Japan. I can't believe that someone can sign a legal affidavit full of lies and get away with it. I wasn't able to produce anything I had because it hadn't been submitted with my answer. Thanks for all your help, I'll write more after work.
stoopid1
  #24 (permalink)  
Old 06-16-2006, 05:26 PM
Jeff's Avatar
Administrator
 
Join Date: Sep 2005
Location: Buried in paperwork
Posts: 585
Jeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud ofJeff has much to be proud of
Default

Sorry to hear. I'm curious to know what happened...
__________________
Ottawa Divorce
  #25 (permalink)  
Old 06-16-2006, 06:25 PM
Junior Member
 
Join Date: Jun 2006
Posts: 29
stoopid1 is on a distinguished road
Default

Hi everyone,

well needless to say I'm pretty exhausted having slept only 10 hours since Tuesday. I lost today in court but I was in a no win situation anyway because my daughter would have hated me if I'd been successful in blocking this trip.

For the last 3 nights, my fiancee and I have been up until 3:30am getting things ready for court today and we had everything we needed to shine true light on all the lies in the ex's affidavit only to be told we couldn't use any of it because it wasn't submitted with the answer. That was a hard lesson learned.

I had to sit there while the ex's lawyer told lie after lie ( not his fault, he's going on the ex's info ) and I couldn't prove my case. I don't really blame the judge for ruling as she did either in view of the evidence she saw.

they tried to get $1000.00 court cost from me as well but the judge said no. She believed that I hadn't been informed of the contract before it was signed.

the next thing now is a case conference on july 11th to determine new child support amount I owe. I'll start a new thread with those details. It'll be good for a laugh and you'll know then why I'm stoopid1.
  #26 (permalink)  
Old 06-16-2006, 08:07 PM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Angry

I'm so sorry that things didn't work out for you in court today. I too would have done everything in my power to stop this trip. Your daughter is far to young & impressionable to be getting involved in something like this. I take it from your post that you lost on a technicality, because your paper work was not in order??? That's heartbreaking. Maybe some of the other members with more legal knowledge would know of another route to take. It may not be too late. Now is the time to scrape, beg & borrow some money, to get the advice of a lawyer. Get use to being sleep deprived I can only image if she does end up going that you will be up all night with worry until her safe return.
  #27 (permalink)  
Old 06-16-2006, 09:33 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

stoop,

Sorry to hear that. You mentioned

Quote:
For the last 3 nights, my fiancee and I have been up until 3:30am getting things ready for court today and we had everything we needed to shine true light on all the lies in the ex's affidavit only to be told we couldn't use any of it because it wasn't submitted with the answer. That was a hard lesson learned.
When you say answer, did you not file an affidavit of your own?

Take a look at this rule as listed in the Family law Rules

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

Rule 14 motions

OTHER MOTIONS


14 (6) Subrule (4) does not apply to a motion,

(a) to change a temporary order under subrule 15 (14) (fraud, mistake, lack of notice);

lv
  #28 (permalink)  
Old 06-17-2006, 12:09 AM
Junior Member
 
Join Date: Jun 2006
Posts: 29
stoopid1 is on a distinguished road
Default thanks

hi Grace, LV & Jeff

thanks for taking time to post. I think it's pretty much game over for me. She leaves on the 26th. All I can do at this point is pray and I still can't believe this is really happening.

I sort of had a lawyer because with Jeff's post I was able to get duty councel for 10 minutes before we were called in. The duty councel never had a chance to finish reading the affidavits before we had to go in. This young girl was awsome for the amount of time she had to prepare, I was really impressed with her and she tried her very best. My ex had our two daughters attend court today as well. The one going to Japan went into the court room and the duty councel had the Judge ask her to leave the court room. My daughters wouldn't even look at me and were brought there as ammunition against me if need by the ex. I'm certain they were well rehearsed also.

The first thing the Judge asked was if we wanted to adjourne this motion. I said that we were ready to argue the motion today before I realized I couldn't use all the material we stayed up for three days to put together.

Hi LV, yes I did file an affidavit of my own but I would have had to attach exhibit A, exhibit b and so on. I didn't know that ( stoopid1 remember ).
I thought the judge would ask me questions and I'd be able to respond with hard proof against her claim. I had emails, tape recorded telephone calls, photo's and written transcriptions of recorded phone calls. I thought I could produce these items on the spot but I was wrong .

Thanks jeff for the duty councel post, it was a huge help even though the outcome wasn't what I had hoped for. All of you are so awsome to take time to help me and much appreciated
  #29 (permalink)  
Old 06-17-2006, 12:37 AM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

I can't believe it is happening either. My thoughts and prayers are with you, but quite frankly I don't think that will be enough to protect your daughter. I always believed that the Judges ruled on the side of caution and clearly this didn't happen in your case. As far as having your daughters attend court, its a legal "tactic", which I have become too familiar with. Bring the kids to court to let the Judge see a "face" to the story, then have them leave before all the "ugly affidavits".

It is so sad in your case that you didn't, couldn't afford to have a lawyer represent you. They know the ropes and would have had your proof properly presented.

I still hope & pray that somehow this trip can be stopped. Like you said in an earlier post there are many reputable agencies in Canada & the US that she could pursue her dreams.
  #30 (permalink)  
Old 06-17-2006, 12:55 AM
Junior Member
 
Join Date: Jun 2006
Posts: 29
stoopid1 is on a distinguished road
Default hi Grace

Hi Grace

I wasn't able to afford a lawyer. If I could ultimately it would be Jeff. I'm self employed and my income is down half from last year. I've only made
$10 000 in the last 7 months and thats not good. Business is slow everywhere around here due to the economy. I'm in such bad shape that I qualified for legal aid to get my child support order varried in july 2006.
Life certainly isn't fair. I'm getting a bit tired of being hit below the belt by this woman.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Further advice on taping phone conversation....help please!!! sherif28 Divorce & Family Law 10 02-12-2009 09:51 AM
Need Advice jjman Divorce & Family Law 8 06-14-2006 07:54 PM
Advice needed!! jakeysmum Parenting Issues 5 01-29-2006 11:44 PM
Need advice please! princess78 Parenting Issues 5 01-20-2006 10:13 AM
Does anyone have some advice? Lisa Parenting Issues 12 12-07-2005 09:58 AM


All times are GMT -4. The time now is 02:21 AM.