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  • In preparation to the trial

    Hello everyone.

    Despite my hope looks like I will have to go to the trial...
    Now I have to really step-up. do not even know how I will be able to do it considering level of energy what is close to 0.

    so I was surfing web and came to this

    Family Law Basics-2010 Update

    Conducting an Effective Family Law Trial―Techniques & Tools for Efficient Trial Preparation


    TRIALS IN FAMILY LAW CASE


    It's not cheap. But look like cover whole thing. Problem that it in BC and I am in ON.

    Does anyone know something similar what I can use for ON? first thing what I am thinking now that I need to adjourn it... Is it easy to do? what is procedure?

  • #2
    working Dad send me a private message. I too am going to trial in a month. I also successfully had my trial date adjourned.

    Comment


    • #3
      I could use some help on this subject too.
      If you two can direct me to any resources, or share somr personal experience - please let me know.

      Comment


      • #4
        wretchedotis,
        are you in trial soon?

        Comment


        • #5
          Not real soon. Settlement conferenece is scheduled in July.
          This is my second time through, however. My ex has filed a motion to change, and I intend goto trial. The first time I settled hopping to reduce conflict and make things easier for our son.
          Conflict has increased exponentially since settlement, and I'm sick of it. So I intend to goto trial.

          Comment


          • #6
            what are the main issues?

            Comment


            • #7
              In settlement we agreed on a lower CS payment (based on previous years income), then table would have indicated on the job that I had just recently landed.
              Both her an her lawyer were informed of my new wage. Under advisement of her lawyer she withdrew from FRO as it was understood CS would increase substantially the following year, and FRO is fraught with error. So to make things easier with the coming CS payment change - we would just skip them.

              Now she has filed at court stating she was unaware of the new wage- and wants retro-active catch up payments.

              In addition - she is seeking to reduce my access time.

              My response was for me to have full custody. I would prefer shared custody - but she moved an hour out of the city during our first bout of litigation. So unfortunately that is impossible. The boy cannot attend school in two seperate districts.

              I've also asked to not be responsable for the back pay - as she was in agreeance at the time, and had the benefit of counsel in making her decision.

              Comment


              • #8
                <HR style="BACKGROUND-COLOR: #ffffff; COLOR: #ffffff" SIZE=1> <!-- / icon and title --><!-- message -->
                Represent Yourself In Court - How To Prepare And Try A Winning Case.

                I found this book very helpful. Was in trial last month. Waiting for order but i believe i set a precedent!
                What stage of preparation are you at?

                Comment


                • #9
                  Both her an her lawyer were informed of my new wage.
                  And you have proof of this correct?

                  Now she has filed at court stating she was unaware of the new wage- and wants retro-active catch up payments
                  Easily rebutted if you have the notification that you sent to her/her attorney regarding the agreement to withdraw from FRO and to base support on the commonly accepted methodology.

                  but she moved an hour out of the city during our first bout of litigation. So unfortunately that is impossible. The boy cannot attend school in two seperate districts.
                  So she uprooted the kids from the school district/etc without notice...did you file with the courts to have the children returned to their district?

                  Comment


                  • #10
                    Originally posted by mummer1962 View Post
                    <HR style="BACKGROUND-COLOR: #ffffff; COLOR: #ffffff" SIZE=1> <!-- / icon and title --><!-- message -->
                    Represent Yourself In Court - How To Prepare And Try A Winning Case.

                    I found this book very helpful. Was in trial last month. Waiting for order but i believe i set a precedent!
                    What stage of preparation are you at?
                    I think I look for that book. But as I remembered it was about civil litigation and in US. But probably still better than nothing.

                    I was thinking about something specific for Family Law in Canada. From my understanding it has nothing to do with Family and for sure with law

                    My stage of preparation - I MY GOT WHAT I AM GOING TO DO! )) As I said I completely lost.

                    I am thinking to find some lawyer who would give me consultation. Direct me. Tell me what to do 1. 2. 3. and if I will be able to pay for to go through my papers.

                    Anyone have any experience with such schema? Any recommendations?

                    Thank you

                    PS: but first I have to get rid of enormous headache what drive me crazy. May be have to start drinking ? ))

                    Comment


                    • #11
                      Originally posted by NBDad View Post
                      And you have proof of this correct?
                      Unfortunately not. It was discussed verbally during settlement, as I had yet to actually start the job. Had a start date a week away.

                      During Case Conference, the Judge asked ex why CS was withdrawn from FRO. She started to answer correctly that it was done as we all knew CS would increase substantially the following year. (Apparently FRO is horrible and her lawyer wanted to avoid any problems with FRO changing the amount the next year). However she quickly caught herself and mumbled something about "because of child support" instead of finishing her thought.

                      Originally posted by NBDad View Post
                      Easily rebutted if you have the notification that you sent to her/her attorney regarding the agreement to withdraw from FRO and to base support on the commonly accepted methodology.
                      Her lawyer submitted the application for withdrawel from FRO. I did receive a mailed confirmation from them - but it doesn't state any reason as to why it was withdrawn.

                      Originally posted by NBDad View Post
                      So she uprooted the kids from the school district/etc without notice...did you file with the courts to have the children returned to their district?
                      Yes this is a bitter point to me. During our first bout of litigation (we're now into motion to change), she moved out of the city and ceased my access. I filed a motion for both return of the child to jurasdiction (which was almost completely ignored), and for access to resume. Access was ordered to resume, and the move was not dealt with. Excuse me for not mentioning any sort of bias towards sex in the family court system. If that had been me to pull that - well I can only imagine the repurcussions.
                      Last edited by wretchedotis; 05-23-2011, 03:03 PM.

                      Comment


                      • #12
                        Originally posted by mummer1962 View Post
                        <HR style="BACKGROUND-COLOR: #ffffff; COLOR: #ffffff" SIZE=1> <!-- / icon and title --><!-- message -->
                        Represent Yourself In Court - How To Prepare And Try A Winning Case.

                        I found this book very helpful. Was in trial last month. Waiting for order but i believe i set a precedent!
                        What stage of preparation are you at?

                        I started my trial on Friday. We are both self represented. I posted my comments on first day of trial under separate post and they may be useful for anyone preparing to self rep at trial.

                        All self reps in family law receive a memorandum on conducting self representation at trial...at the beginning of trial. It's 9 pages and very helpful for understanding procedures, obligations and rules. I've scanned it but it is too big to upload to this forum. Anyone who wants a copy can send me a private message with your email address and I will send it along.

                        FG

                        Comment


                        • #13
                          Fieldgrey,
                          Please send can you send me the self rep trial info.
                          Thanks

                          Comment


                          • #14
                            I find another document what may be useful into preparation to the trial. It looks like for lawyers but that who we are know - aren't we ?

                            Tips on Trial Preparation

                            Comment


                            • #15
                              I would appreciate a copy sent. I go to trial this September and need all the help I can get! I had to let my lawyer go..
                              Thanks for your support!!
                              tmslimming@hotmail.com

                              Comment

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