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  #11 (permalink)  
Old 01-31-2017, 12:31 PM
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No, it's just exaggerated claims. The biggest one is her claiming that I refused treatment for my son that was ordered from a pediatrician. (I was never informed or consulted, just presented with the letter 3 weeks after appointment)

She states that I was unwilling to let him and my D attend counseling for children who witnessed mothers being abused. I had recommended other counseling options but she enrolled them anyways and has been waving that flag since.

I wish my lawyer was incompetent, then I would have a reason for all this ridiculousness. My lawyer never had a chance to even speak, every time so far she was simply disregarded and interrupted by the judge, most time the judge stated that what my lawyer said was irrelevant.
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  #12 (permalink)  
Old 01-31-2017, 12:39 PM
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Quote:
Originally Posted by Asphenaz View Post
She states that I was unwilling to let him and my D attend counseling for children who witnessed mothers being abused. I had recommended other counseling options but she enrolled them anyways and has been waving that flag since.
My ex tried the same thing. If your child didn't witness any abuse, she shouldn't be seeing a witness counsellor. Good for you for offering other options (A certified, licensed, child psychologist with experience in high conflict separation/divorce.......not an ad hoc, unqualified witness counsellor).
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Old 01-31-2017, 01:27 PM
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My concern is that your lawyer might not be competent.
I agree.

As well, you can go to a LOA Settlement Conference. The other party is no doubt getting LOA assistance.
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  #14 (permalink)  
Old 01-31-2017, 01:35 PM
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@LF32: The counseling was about a year ago; now my son is tired of being dragged to one specialist after another as she is trying to diagnose him with every issue under the sun. ADHD, sleep disorder, anemia etc...

@tayken: Funny you should mention that, I have just received a requested to attend the LOA conference. Don't know what that is, researching it now. Is there a cost to it? What is the point?
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  #15 (permalink)  
Old 01-31-2017, 01:43 PM
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Sorry, hit reply to quickly, I mean what is the point when my ex who is benefiting from legal aid is completely unwilling to 'negotiate'. This would only be an 'accept my offer or else' conference.

Maybe I should start another thread for this in the 'legal' section, so other can get information on it.
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  #16 (permalink)  
Old 01-31-2017, 02:12 PM
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Originally Posted by Asphenaz View Post
Sorry, hit reply to quickly, I mean what is the point when my ex who is benefiting from legal aid is completely unwilling to 'negotiate'. This would only be an 'accept my offer or else' conference.

Maybe I should start another thread for this in the 'legal' section, so other can get information on it.
Read this:

Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Date: 2011-12-16
Docket: F2172/09
Other citations: 7 RFL (7th) 358; [2011] CarswellOnt 14392; [2011] OJ No 5814 (QL); 210 ACWS (3d) 143
Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII),
http://canlii.ca/t/fpd0d

I will try and give you some additional perspective on the challenge you face when the opposing party has "wings" and "do whatever they want in court, without ever worrying about fees - theirs or anyone else's".

Read the whole case end-to-end...

Quote:
60. In the case at bar, the Applicant conducted herself as if her Legal Aid certificate amounted to a blank cheque – unlimited resources which most unrepresented Respondents would be hard-pressed to match. A scheduled 3-4 day trial turned into 17 days, largely because the Applicant fought every issue and pursued every dubious allegation, to the bitter end. She appeared to make up evidence and allegations as she went along. She defied court orders directly impacting on the child, even while the trial was underway. There have to be consequences. Either we sanction this irresponsible and destructive behaviour, or we invite more of the same.

61. Encouraging settlement and discouraging inappropriate behaviour by litigants is important in all litigation – but particularly in family law, and most particularly in custody cases. No litigant should perceive they have “wings” – the ability to say or do anything they want in court, without consequences.


Good Luck!
Tayken

Last edited by Tayken; 01-31-2017 at 02:16 PM.
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  #17 (permalink)  
Old 02-16-2017, 03:23 PM
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Time for an update;

After several calls to OCL departement and leaving messages with regards to the result of my dispute I received a letter from my lawyer.

A clerical error caused the several month long delay in their reply to my dispute. They accepted the correction that our separation date was misreported by over 1 year by my ex, and that the clinician did not consult the children's family doctor, nor the children's teachers.

The recommendation of the clinician is being supported none the less.
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