Well folks, today's case conference was a complete, night and day difference to how my 1st case conference went. For those of you unfamiliar and so inclined to read:
http://www.ottawadivorce.com/forum/f...-my-2nd-20820/
Now.....for today's case conference, it appears the judge (yes, the same judge A. W. J. Sullivan) did not address the issues of arrears ($768), S.7 expenses or possible termination clauses as was specified in the temporary order issued as a result of CC #1 in January. Two things likely played a HUGE role as to why today's CC went much better than last time's. My form 17 brief for today's CC simply respectfully disagreed with the judge's finding that my son remain defined as a "child of marriage" during the last CC. I then went on to request that my ex submit: doctor's diagnosis, IEP and past report cards to substantiate her allegations that my son had "difficulties" during the last CC to explain why completing an entire school year with only 1.5 credits obtained can be justified.
Second.....and most important of all, I approached the court to request that my current partner be allowed to speak on my behalf, citing the reason that I have an extreme aversion to public speaking (a phobia if you will). As I requested this to the judge, I was white as a ghost and visibly nervous, and the judge asked my partner approach as well. From that moment on, she did most of the speaking while I sat as expressionless as possible. This, is when the tables took a drastic turn to the detriment of my ex. For starters, we served and filed our 17 brief and 13 financial as well as 14 confirmation to the ex, two days earlier than needed. We did NOT get served a response (nor was her response filed). She literally waltzed into the courtroom handing us her response as well as a copy to the judge. Her explanation that she didn't have enough time to file her response. The judge called BS immediately, but grudgingly allowed it. So right off the bat, she pissed off the judge. She (the ex) begins the conversation by explaining to the court that she does not have a doctor's diagnosis, an IEP or any kind of documented evaluation of any kind as we've requested. She then goes off on a tangent to say that "Ms. D* F***** should understand as a mother herself of an asthmatic son, that he is constantly sick BLAH BLAH BLAH......" referring to my partner's son. So basically, she grasping at straws to say that he missed school a lot, and this was overwhelming for him to catch and BLAH BLAH BLAH, and that's why he needed to be enrolled into an alternative learning institution. The judge then asks if we have been provided with his report card. At this point, my ex is doing the "Um um um....." while frantically shuffling papers, and pointing out that she submitted an official letter by the principal confirming enrollment in his present learning institution as well as his transcript (which we've already had all along). The judge, immediately interrupts her and says, "ma'am transcripts and letters only indicate courses taken and enrollment, it does not indicate attendance or performance". This is where things get juicy. She then says, in a snarly tone of voice, "well then Ms. D* F****** can subpoena the school for that information..." only to be interrupted by the judge yet again, "ma'am if you think I am going to turn my courtroom into a circus of school board members and lawyers you've got another thing coming. You WILL be submitting a letter to grant permission for the release of what Mr. C*** requests". At this point, my partner stands up, and points out that we've attempted on numerous occasions to have the school release the information to us, but because of my son's age (he's 19 now) they can't by law. So now, the judge asks my son to come forward. He now addresses both my son and the ex that they are both each to provide a letter to both the school and school board to grant permission to release the information I request. Failing which, as the judge puts it, "your case is not looking good, and I will have to no choice but to grant Mr. C***'s request to terminate CS". I am certain, that at that point my ex was shitting her pants.
Now onto other issues. My ex then starts on about the arrears. Yet again, the judge just completely shut her down, and simply told her he's not prepared to address that. Not only that, he actually blatantly told her he hears cases of $150,000 in arrears, $300,000 in arrears so on and so forth. My ex then replies, "well your honour, I only make $16,000 and every penny counts..." at which point the judge simply told her, "Ms. C*** your ex husband is clearly not a deadbeat dad, so I am not prepared to address that at this point. She then produces a letter of conditional acceptance to the college for the program applied for, along with an invoice for fees including a registration fee of $500. The judge simply told her to put it on her credit card (YEAH RIGHT!!!). He then asks if OSAP has been applied for, which my ex promptly replied NO. Now, the judge is really getting frazzled by my ex. He then asks why (with a complete WTF look on his face), to which my ex has no response for. At this point, the judge tells her to apply for OSAP and GET ON IT.
WOW WOW WOW.... my ex has REALLY shot herself in the foot today. She seems extremely evasive and resistant to providing report card information to us. I have to now wonder what information that will reveal.
In any event, it's onto CC #3 in August....
http://www.ottawadivorce.com/forum/f...-my-2nd-20820/
Now.....for today's case conference, it appears the judge (yes, the same judge A. W. J. Sullivan) did not address the issues of arrears ($768), S.7 expenses or possible termination clauses as was specified in the temporary order issued as a result of CC #1 in January. Two things likely played a HUGE role as to why today's CC went much better than last time's. My form 17 brief for today's CC simply respectfully disagreed with the judge's finding that my son remain defined as a "child of marriage" during the last CC. I then went on to request that my ex submit: doctor's diagnosis, IEP and past report cards to substantiate her allegations that my son had "difficulties" during the last CC to explain why completing an entire school year with only 1.5 credits obtained can be justified.
Second.....and most important of all, I approached the court to request that my current partner be allowed to speak on my behalf, citing the reason that I have an extreme aversion to public speaking (a phobia if you will). As I requested this to the judge, I was white as a ghost and visibly nervous, and the judge asked my partner approach as well. From that moment on, she did most of the speaking while I sat as expressionless as possible. This, is when the tables took a drastic turn to the detriment of my ex. For starters, we served and filed our 17 brief and 13 financial as well as 14 confirmation to the ex, two days earlier than needed. We did NOT get served a response (nor was her response filed). She literally waltzed into the courtroom handing us her response as well as a copy to the judge. Her explanation that she didn't have enough time to file her response. The judge called BS immediately, but grudgingly allowed it. So right off the bat, she pissed off the judge. She (the ex) begins the conversation by explaining to the court that she does not have a doctor's diagnosis, an IEP or any kind of documented evaluation of any kind as we've requested. She then goes off on a tangent to say that "Ms. D* F***** should understand as a mother herself of an asthmatic son, that he is constantly sick BLAH BLAH BLAH......" referring to my partner's son. So basically, she grasping at straws to say that he missed school a lot, and this was overwhelming for him to catch and BLAH BLAH BLAH, and that's why he needed to be enrolled into an alternative learning institution. The judge then asks if we have been provided with his report card. At this point, my ex is doing the "Um um um....." while frantically shuffling papers, and pointing out that she submitted an official letter by the principal confirming enrollment in his present learning institution as well as his transcript (which we've already had all along). The judge, immediately interrupts her and says, "ma'am transcripts and letters only indicate courses taken and enrollment, it does not indicate attendance or performance". This is where things get juicy. She then says, in a snarly tone of voice, "well then Ms. D* F****** can subpoena the school for that information..." only to be interrupted by the judge yet again, "ma'am if you think I am going to turn my courtroom into a circus of school board members and lawyers you've got another thing coming. You WILL be submitting a letter to grant permission for the release of what Mr. C*** requests". At this point, my partner stands up, and points out that we've attempted on numerous occasions to have the school release the information to us, but because of my son's age (he's 19 now) they can't by law. So now, the judge asks my son to come forward. He now addresses both my son and the ex that they are both each to provide a letter to both the school and school board to grant permission to release the information I request. Failing which, as the judge puts it, "your case is not looking good, and I will have to no choice but to grant Mr. C***'s request to terminate CS". I am certain, that at that point my ex was shitting her pants.
Now onto other issues. My ex then starts on about the arrears. Yet again, the judge just completely shut her down, and simply told her he's not prepared to address that. Not only that, he actually blatantly told her he hears cases of $150,000 in arrears, $300,000 in arrears so on and so forth. My ex then replies, "well your honour, I only make $16,000 and every penny counts..." at which point the judge simply told her, "Ms. C*** your ex husband is clearly not a deadbeat dad, so I am not prepared to address that at this point. She then produces a letter of conditional acceptance to the college for the program applied for, along with an invoice for fees including a registration fee of $500. The judge simply told her to put it on her credit card (YEAH RIGHT!!!). He then asks if OSAP has been applied for, which my ex promptly replied NO. Now, the judge is really getting frazzled by my ex. He then asks why (with a complete WTF look on his face), to which my ex has no response for. At this point, the judge tells her to apply for OSAP and GET ON IT.
WOW WOW WOW.... my ex has REALLY shot herself in the foot today. She seems extremely evasive and resistant to providing report card information to us. I have to now wonder what information that will reveal.
In any event, it's onto CC #3 in August....
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