Announcement

Collapse
No announcement yet.

LOA Gives you Wings

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #46
    Sorry for asking (can't read the whole thread now) but what is LOA?

    Comment


    • #47
      Legal Aid of Ontario. LOA should read LAO. It's a typo.

      The reference is to the fact that such funding leads to the fueling of unnecessary malicious litigation. The application launched against me would not have been pursued much further than a few weeks if privately funded.

      But the person making outlandish allegations isn't paying the bills. Under the auspices of fairness...the government funds one side of the battle but takes no responsibility for the consequences if the case is found to be malicious and meritless.

      One year later it's become clear this has been a monumental waste of resources. And under it's own momentum probably won't stop for another two years.

      I blew through $17,000 in under seven months and I am now self representing.

      Needless to say I am sure LAO has done much good. It must however review it's process to prevent this needless waste of resources. It's brutally unfair to those wrongfully accused.

      Comment


      • #48
        I didn't even know that Legal Aid covers family court cases. I thought it is only available to those in criminal court system and unable to hire own lawyer.

        Should then Legal Aid of Ontario be abbreviated as LAO?

        Comment


        • #49
          So the Ex's lawyer bungles up the Minutes of Settlement. We can't even get agreement on simple things that were very clear in the OCL disclosure. Is this a tactic to keep billing going?

          OCL says parties can't relocate further away then they are now (under 5km) so her lawyer says parties must remain in region - which is HUGE maybe 30 km or more. And words another matter regarding where the school is so that I would, if followed to the letter, be required to move child's school within a km of where my ex moves. Just silly.

          Also found a recommendation we should both see counselors...the OCL never recommended we should both see them...only the mother who has been extremely high conflict.

          Also just received disclosure from ex after waiting almost a year. It's missing huge chucks...bank statements have her paying credit cards off that aren't declared. It's showing payments to a visa from a bank but none of the bank accounts disclosed show the payment so oops...looks like another account is missing.

          $21,000 was either wired out of the country or withdrawal in lumps of $1,000 or more in a span of two years..suspicious?

          Has anyone had luck requesting a credit bureau, full bureau? It would show all credit cards and such right?

          Anyways quite funny. She was claiming financial abuse but was spending $10k a year on credit cards all luxury items...cloths, dining out, movies, etc. hmmm

          She claimed she needed to visit food banks during our separations but while living together she was making $2k payments on her credit card.

          What a mess.

          Comment


          • #50

            I am struggling with the legal ramifications of a settlement on access/custody when we have an outstanding issue with travel.

            My ex started a very high conflict case against me - wild accusations that have all been proven false by a very thorough OCL report and CAS visits.

            The initial Form 8 to start proceedings include a request to move the child to a foreign country permanently. She then proceeded to manufacturer allegations to support it.

            Everyone involved including her lawyer now recognizes these accusations were false. We quickly moved to settle on everything except on a single point - Travel.

            The OCL said "husband has credible concerns about child being taken to xxxx country". However when she checked in with her lawyers (actual OCL Legal council) they said they could not recommend full restriction on travel. so they recommended the mother could visits home country for 7 days maximum.

            Well a lot of good that does. Its as simple as her planning a trip and then launching the same set of allegations in a suit in her home country.

            They are a Hauge convention participant but a poor one and many cases that go infavour of the expat concludes with "oh well in the 3 years it took to resolve this there is a new status quo so the kid stays".

            So I am in a pickle. I would like to accept the terms of the recommended Access (50/50) and Parallel parenting. Her lawyer suggested we settle everything else but leave Travel unanswered.

            I am worried that at the root of the problem is the mothers credibility and to settle it now is the wrong course. Does settling on custody/access void any of her past behaviour on those matters which I think reflect on her credibility. If we settle can I still bring that stuff up in relation to the travel issue?

            We are in the midst of finishing off disclosure which was 10 months late from their side and conveniently delayed until 10 days after OCL disclosure (by the way it shows the mother wired large sums of money to her home country in the preceding year). I just know she was planning a move there and would pull the trigger on a legal case there without batting an eye.

            So when disclosure was done I thought I would just put an offer on the table that covered everything including financial and had a condition on travel that said no international travel until age 10 or 12 or some such thing. (at least until he was an age to fend for himself in some regard)

            Now her lawyer is threatening because I have ignored her minutes of settlement to schedule a SC and she says she wants to resolve the matter before the judge (which is strange because wouldn't that be resolve only on a motion or at trial?)

            Do you have any thoughts? It is very tough to find any case law on mobility restrictions.

            Comment


            • #51
              Where is Working Dad??? He knows.

              Comment


              • #52
                Originally posted by Mother View Post
                Where is Working Dad??? He knows.
                He's around. Chatted with him a bit the other day in PM land. Nice Fella!

                Comment


                • #53
                  So as a bit of an update:

                  Put an offer to the other side for 50/50, included financial and some parameters around travel. That was a month or so ago.

                  They have since scheduled the SC - will be in 3 months time.

                  The ex didn't do a very good job on disclosure so they are working on filling in the gaps.

                  As for the offer, I broke it into three parts so they can agree on access-custody and/or financial and/or travel independently.

                  On the travel issue - I was concerned about the ex taking our son to her native country and never returning. Her original application to court was requesting a permanent move to this foreign country. Now that all of her wild allegation have failed (OCL dispelled them) she wants to simply go for a "visit" now. For what it's worth, OCL stated that my concerns were credible.

                  So up until the offer I was saying she could not travel until he was of a certain age but i recognized I was on poor legal footing with this position. Restricting travel all together would likely not hold. So now I have put conditions on travel:

                  - bond $20k
                  - all division of assets settled (she owes me $15k)
                  - Canadian order with clear wording on custody
                  - counter order from her home country stating his residency is Canada
                  - I have also asked for her to formally retract the allegations made - none of which could be corroborated by CAS, Police or OCL.

                  We'll see. I think the custody/access part is a no brainer.

                  They had put forward a minutes of settlement based on our OCL that was essentially 50/50 access but no mention on custody (a trick, I think). It also fudged a lot of items in their favour. So I just ignored that and put forward my own offer.

                  Now they are proposing questioning (to be scheduled at sc) - so I am assuming that means they don't intend to settle.

                  When does Legal Aid run out?

                  She has been formally found to be a liar (sorry, lacking credibility). Nothing else has much merit...when does legal aid pressure them to settle?

                  Comment


                  • #54
                    Do you think writing a letter to legal aid requesting a formal review of the file would be considered interfering?

                    No word from them on settlement. No attempt to settle...or even talk. It's just left hanging...

                    There really is no legal merit for this to continue. Allegations were made, none could be corroborated by OCL. So what are we waiting for?

                    Comment


                    • #55
                      Well you have to love stupid. If your soon to be ex was just a little smarter you would be in jail. How unfair is that.
                      And all this complicated law and paperwork. When the powers that be are faced with allegations the first thing they do is cover themselves and and error in the name of caution. Seems you got it going on and yes you know you are fortunate.

                      Saving your money is what is important now. In my case I saw my best case senario self rept saved all of my money and achieved just that. I think If you take it from here that and go to trial that may give you the breathing room to have your day go your way.

                      I think its simple ,its all about money, who runs out first, who will have to pay costs, who will be punished, who can make this more complicated. I just don,t believe it is, its just the paperwork stuff, actually the worst part is the notarizing as we cant do ourselves and lawyers can. The whole point to notarizing is to put a sence of consequence to lying! lmao , so this takes your momentum away when self repin. Again procedure so simple causing so much trouble.

                      Comment


                      • #56
                        There was some talk on the board about summary judgement. If there was no real legal merit to the case then you could just file for a summary and the judge would rule on it.

                        But then someone said if there was any question of credibility it could not proceed.

                        In my case my ex is clearly lying and it's plainly obvious in the allegations being made. So yes her credibility is in question but when I look at her allegations as objectively as possible...even if they were proven true they don't warrant any legal involvement.

                        They break down into only a few categories (43 paragraphs of allegations) however they as follows:

                        - verbal and financial abuse
                        - child cleanliness (I don't bath or brush his teeth)
                        - death threat

                        There are no specifics given around verbal abuse, none, no dates, place or back story.

                        Financial abuse is claiming I forced her to pay 50% of the bills (it's just plain as day now after disclosure that this is the farthest from the truth). Not sure how that is abuse exactly...she worked but anyways...its in black and white I paid 98% of all expenses...rent, car, hydro, insurance, heat, groceries...on and on

                        OCL and CAS have verified absolutely no concerns with my as a father

                        That leaves a death threat she claimed happened a full year prior to leaving the home and just so happens to report it the day we get in a dispute about custody.

                        There is no claim of a pattern of verbal abuse, no evidence of financial, no parenting concerns.

                        The death threat I guess is a serious charge but again no proof and highly suspicious timing.

                        Does this require a trial? Why am I going through all the motions when it's so obviously meritless?
                        Last edited by Headwaters1; 05-30-2015, 10:26 AM.

                        Comment


                        • #57
                          [QUOTE=Headwaters1;194172]So as a bit of an update:
                          >>>>>>>>>>>>>


                          On the travel issue - I was concerned about the ex taking our son to her native country and never returning. Her original application to court was requesting a permanent move to this foreign country. Now that all of her wild allegation have failed (OCL dispelled them) she wants to simply go for a "visit" now. For what it's worth, OCL stated that my concerns were credible.

                          So up until the offer I was saying she could not travel until he was of a certain age but i recognized I was on poor legal footing with this position. Restricting travel all together would likely not hold. So now I have put
                          conditions on travel:>>>>>>>>>>>>>>>>>


                          Holy damn I just saw this. Do not!!!!!!!!! and I repeat Do not!!!!!! allow those children out of the country. Not for one second, trust me please! Been there done that, I did not ask the court , I told them, I looked the judge straight in the face and told her if these children leave this country we will lose each other forever.

                          If this woman gets out she will will do a much better job at accusing you this time . A forieng Judge will Judge you from scratch regardless of whats come out in our courts. You will need to invoke The Hage and if you think you are spending money now wait till that happens, all the while she is using up government LA. And consider yourself lucky as her country may not even be a member of The Hage Convention between countries.

                          I have mentioned it a hundred times on this forum. THERE IS NO LAW IN FAMILY LAW. You mentioned a lack of legal footing to confine her here. F That. Never let anyone stop you from protecting your children and ensuring their entitlement to a FATHER. Do not sighn 1 damn document unless this is written in the order. If they trust her so much then let the courts take your kids away from you, as you will never be able to live with your self when you find out you let them go with your signature.
                          Last edited by Franklin; 05-31-2015, 08:22 AM.

                          Comment


                          • #58
                            And just so you know . I came up with the Idea to have my children's passports taken away from the Ex. My OCL seemed suprised by this and pleased by this new concept, which I found shocking as this seemed obvious in my situation any way.

                            I respond to help your son as a boy may not need a father but father can be a need for a any child. We matter too.

                            Comment


                            • #59
                              Originally posted by Headwaters1 View Post
                              So as a bit of an update:


                              Does this require a trial? Why am I going through all the motions when it's so obviously meritless?
                              This is my point. No Law. Read between the lines. Some posters on here just can't understand my stance. Reading between the lines is what separates us from the apes. Mind you I think we can learn a bunch from them too. LOL
                              Last edited by Franklin; 05-31-2015, 08:44 AM.

                              Comment


                              • #60
                                Thanks Franklin. Thats very helpful. I feel the same way. But everyone I've talked to clearly says there is no laws to help. But I felt the same way...in my heart I know a judge will understand what is going on. Although there is a lot of risk in that.

                                And I hear what you are saying...it seems like most of the power is left of the discretion of the judges. I just hope someone might be paying attention.

                                One other question, the other side seems to be pushing towards a trial (legal aid..it's the only way they get paid). They are asking about scheduling questioning. I understand each side can have up to five hours.

                                When I had a lawyer (last year) he kind of laughed at questioning saying its old-fashion...nobody uses it anymore. Did you do questioning?

                                At first it was really bothering me, but when I went to work writing out the questions I get to ask my ex I was having a ball. All very respectful and on point but her wild allegations leave gigantic wholes of logic I get to drive a bus through. Should be fun.

                                Comment

                                Our Divorce Forums
                                Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                                Working...
                                X