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won motion, cost submission meeting, do I need legal help there?

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  • #16
    Originally posted by Tatyana K View Post
    thank you, I trust my lawyer who will honestly submit expense only for time spent on OCL, will all that being said I spent 1300 only for court date for 1 hour hearing...waited for 3 hours before they decide to listen to my motion which was only one hour....how fair is it to torture people like that and spent hundreds dollars for nothing!!! I honestly thing this whole system is awful! So, all together, I think I spent 4 K....for nothing..OCl motion without grounds.
    A reasonable request would be 30% of that cost unless the OCL was the only thing that was addressed and then you could request the full 4K but, expect only to get in the range I cited.

    Unfortunately, OCL/Section 30 matters are hard to settle without the court's assistance. So, the judges are not too heavy handed with the costs orders on these kinds of motions. They generally don't come with a "bad faith" finding and are partial awards.

    Good Luck!
    Tayken

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    • #17
      I spent 11 K , I think 4 K is reasonable, this is just for OCL

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      • #18
        If the judge has asked for you guys to discuss costs, then it should be discussed and dealt with. Just be aware that they can ask to have costs reserved to be dealt with after the final hearing. Or in the cause, meaning you will only get your costs if you win the case.

        Was there any parts of the motion that went in his favor ?

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        • #19
          motion was only about ocl, so I won 100 %. this judge knows history of litigation and my financial hardship, so I hope I will get something there and not in the end but we will see

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          • #20
            Originally posted by Tatyana K View Post
            motion was only about ocl, so I won 100 %. this judge knows history of litigation and my financial hardship, so I hope I will get something there and not in the end but we will see
            cool let us know how it goes

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            • #21
              With regards to your move OP you should read this thread I just posted:

              http://www.ottawadivorce.com/forum/f...ou-move-20734/

              Good Luck!
              Tayken

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              • #22
                thanks I read and I would say with mother like that I agree with the judge...

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                • #23
                  Originally posted by Tatyana K View Post
                  father just said that child wants to spend more time with him....this was his only argument why ocl should be involved.
                  Sounds like a good reason to me.

                  Who wants stranger in their house doing fishing expedition while child is doing totally fine
                  The father wants it, to further explain how his child should be granted the opportunity for an equal relationship with him. I'm no fan of the OCL either .. I had a quack .. so I agree the father should have found another way to fight for his child.

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                  • #24
                    Originally posted by LovingFather32 View Post
                    Sounds like a good reason to me.


                    The father wants it, to further explain how his child should be granted the opportunity for an equal relationship with him. I'm no fan of the OCL either .. I had a quack .. so I agree the father should have found another way to fight for his child.
                    What would that other way be? I haven't found that and am getting ready to file my next motion which is going to be an OCL motion.

                    Sent from my SM-G935F using Tapatalk

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                    • #25
                      You don't have to generalize my experience with OCL and I'm certainly not giving you legal advice to not pursue the OCL, mine was just super bananas.

                      How do you fight it without OCL?

                      1. Through being completely reasonable,

                      Keep offering resolution after resolution. (offer to: pay for OFW.com accounts, exchange parenting plans, attend counselling, mediate, etc)

                      2. Have good evidence to back up your claims (i.e - accused of drugs = hair folicle ; Violent = clean police record, no patterns or history, etc.

                      3. Best Interests: ALWAYS form your affidavit's para's around the child's best interests. Find EVERY angle that maximum contact would benefit the child (homework, community, friends, sports, positive disciplining, maintain bond, etc).

                      Destroy credibility:
                      For the most part, ignore the attacks and insults from the OP .. they're digging their own hole. Judges can spot the "real" bullies via courtroom behaviors/emotional affidavits. The great thing about lying is that holes and inconsistencies are often left....or the OP keeps forgetting their story. That's why I was confident in my case .. the truth was always easy to remember.


                      4. GO Above and Beyond:
                      Provide pics of you and child, take parenting after separation courses, first aid courses, move closer, etc.

                      5. Call their bluff:

                      Many bare their fangs for trial but it's a hoax. A scare tactic to get you to agree to something, avoiding the agony of a long, emotional, "expensive", drawn out trial. If they want trial....give them one ... and one they won't forget.

                      Even if you lose, you gave the fight of your life to spend more time with your child....THAT"S what a great parent does in my books.

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                      • #26
                        Originally posted by LovingFather32 View Post
                        You don't have to generalize my experience with OCL and I'm certainly not giving you legal advice to not pursue the OCL, mine was just super bananas.

                        How do you fight it without OCL?

                        1. Through being completely reasonable,

                        Keep offering resolution after resolution. (offer to: pay for OFW.com accounts, exchange parenting plans, attend counselling, mediate, etc)

                        2. Have good evidence to back up your claims (i.e - accused of drugs = hair folicle ; Violent = clean police record, no patterns or history, etc.

                        3. Best Interests: ALWAYS form your affidavit's para's around the child's best interests. Find EVERY angle that maximum contact would benefit the child (homework, community, friends, sports, positive disciplining, maintain bond, etc).

                        Destroy credibility:
                        For the most part, ignore the attacks and insults from the OP .. they're digging their own hole. Judges can spot the "real" bullies via courtroom behaviors/emotional affidavits. The great thing about lying is that holes and inconsistencies are often left....or the OP keeps forgetting their story. That's why I was confident in my case .. the truth was always easy to remember.


                        4. GO Above and Beyond:
                        Provide pics of you and child, take parenting after separation courses, first aid courses, move closer, etc.

                        5. Call their bluff:

                        Many bare their fangs for trial but it's a hoax. A scare tactic to get you to agree to something, avoiding the agony of a long, emotional, "expensive", drawn out trial. If they want trial....give them one ... and one they won't forget.

                        Even if you lose, you gave the fight of your life to spend more time with your child....THAT"S what a great parent does in my books.
                        There is always the possibility of OCL taking my side. People usually do when they hear about all of abuse allegations against me.

                        Sent from my SM-G935F using Tapatalk

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                        • #27
                          Originally posted by trinton View Post
                          What would that other way be? I haven't found that and am getting ready to file my next motion which is going to be an OCL motion.
                          I don't recommend you do that. Rely upon real evidence. OCL is a waste of time.

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                          • #28
                            Originally posted by Tayken View Post
                            I don't recommend you do that. Rely upon real evidence. OCL is a waste of time.
                            And what sort of evidence can I use to prove my child wants more time with me?

                            Sent from my SM-G935F using Tapatalk

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