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Dismissal: Weighing the Options

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  • Dismissal: Weighing the Options

    So I had a nagging feeling over the weekend so I went down to the court house and asked to see the file.

    Turns out there is a notice for approaching dismissal. My address didn't get updated when I moved so I didn't get it. Still have a few weeks to act. But on the drive home I wondered...should I?

    Summary: ex filed an exparte to start off the application. Made wild allegations, all proven to be nonsense, OCL was involved and filed a written report in my favour and for joint custody. We have joint now.

    The case has been stalled waiting for OCL to finish, then for her to complete disclosure. I haven't sent mine but its ready to go...the ex is hiding assets and holding key pieces back from her disclosure.

    So if this goes to dismissal I'm trying to figure out what I lose out on.

    The status quo is pretty good other than the 50/50 schedule is a weird three days on the three days off routine.

    I'm not paying spousal so that's good. I think she has hidden some assets off shore - about $30k. So she would owe me $16k but realistically I know is will never see that...

    Not sure if it's just best to let this thing die...then what we just go back to negotiating a settlement?

  • #2
    Essentially, you start the entire process over again, including all the costs. Upside: you can start the application and be the applicant.

    It's a lot of work to redo everything at this point, no?

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    • #3
      If you got an order for the money she owes you, and shes working, it could be filed for garnishment...

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      • #4
        I could start the application this time but not sure I want to. She is on legal aid so how likely is it that she will get another certificate if it's been left to die.

        She doesn't work but she strategically stopped working exactly three months after seperation and when social services got her a free house so I would just assume an imputed income.

        i am guessing in this situation we would just go back to negotiating an agreement out of court.

        This gives us a chance to deal with it outside of court.

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        • #5
          So can anyone tell me the downside of just letting this drop?

          I would not be seeking to start legal action (I was the respondent).

          Would her lawyers and I just start on developing a separation agreement (this time without false allegations?)

          I really can't see a downside. Help me if I'm wrong.

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          • #6
            The downside is having to restart the entire process, including all fees payable etc.

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            • #7
              So I have completed disclosure on Monday and dropped off to her lawyer. I emailed asking for an acknowledgement of receipt. I completed an offer to settle and faxed it in yesterday. I also emailed a request for acknowledgement on that as well. Nothing.

              No response. And there hasn't been a response from her lawyer since December. Her lawyer's business partner emailed me near the end of February asking for disclosure and I replied promptly.

              I would say roughly 7 emails between then and now have not been acknowledged (I've been asking for items missing on my exwife's disclosure).

              What's the angle here?

              In what disclosure I did receive from my exwife I can see she moved large sums $30k of money offshore prior to separation. I looked up legal aid eligibility and that any liquid assets over $1600 should make you ineligible....perhaps they are just falling silent because they are afraid they won't be paid??

              I asked my ex and she says her lawyer is still active and she is her lawyer.

              Confused.

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              • #8
                Ok so I've done a 180 on my thinking. I was leaning towards letting it drop. But I think I've decided I will keep the case alive .

                I guess I need to file for a settlement conference.

                The only real upside is that I can get a formal order, it closes everything off definitively and I might get costs awarded (but unlikely to ever see any of it).

                I really seesawed on whether to let this dismiss. I hope I am not making the decision to pursue this because the ex's lawyer hasn't responsed. Which honestly really pisses me off...ignoring my emails is aggravating.

                I promised myself I wouldn't just do a knee jerk reaction to their response.

                Especially because her lawyers interest might not be in her clients and it might actually serve me....anyhow...any thoughts welcomed...

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                • #9
                  Honestly, it's best to get things wrapped up, get an order made and avoid having it hanging over you, IMO.

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                  • #10
                    Maybe you're right

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                    • #11
                      So I did the right thing I suppose and notified their counsel of the impending dismissal. Remarkably...no thank you.

                      Now we have a settlement conference scheduled in the middle of summer. I have an offer into them and waiting to hear back.

                      What do I do with all this time now? She is on legal aid so I thought about getting them to mediation. I want to sharpening down to the real issues. As it stands everything is on the table and really I am sure the custody/access thing is settled as 50/50. Now it's just financial and the matter of measures put in place on travel.

                      I want them to recognize that she should have income imputed...

                      But I get the feeling I will just get dead air in return.

                      Comment

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