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  • #16
    Just curious .. How can you not afford counsel but you can afford a trip to Disney Land ? cuz if you could, you could always get a new lawyer who will get this done for you.

    Send her a letter.. glad we could settle things. I have plans to travel with our child.. here are the details. I will need you to attend at the passport office with me. I am available on Monday, Tuesday, and Friday but am open to adjust to a time of your choice. Please let me know what times works best for you.


    Follow up in 3 days, say Just Following up. I need you to attend at the pasport office with me I am available on Monday, Tuesday, and Friday but am open to adjust to a time of your choice. Please let me know what times works best for you.

    Follow up again in 3 days, I haven't heard from you. I need you to attend at the passport office with I am available on Monday, Tuesday, and Friday but am open to adjust to a time of your choice. Please let me know what times works best for you. if I don't hear from you by x date, I will assume you are not in agreement and I will have no choice but to file a motion. if I am required to do that I will be asking for costs.

    File your motion, get help from the flic, or hire a lawyer on limited scope retainer.

    It's best if you could both attend together to apply and sign the application right there and then. I think you will both need to be present and show photo ID - that's what we had to do. Also have ALL your court orders with you, birth certificate, long form birth certificate, passport, have EVERYTHING with you.

    OFFER TO PAY FOR EVERYTHING. She will look like a donkey if she still refuses.

    message me if you need me to share any details off my motion affidavit used by my lawyer when I had to deal with this drama.
    Last edited by trinton; 04-24-2017, 07:47 PM.

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    • #17
      Originally posted by SteelCityDad View Post
      Will I have almost no luck getting my lawyer to help with this. He did send a letter stating that the other parent is required to sign this document, but didn't give any deadline nor send a copy of the application. The other parents lawyer sent back a letter a few days later full of nonsense and lies.

      My lawyer now says he can't deal with these petty matters nor do I think he should have too.

      I am really starting to worry about my trip I have planned for the end of July that will need D6's passport.

      Not sure what options I have left here as I tried to get the other parent this weekend at our exchange to sign it again as they said they would but once I presented it to them they refused yet again.
      Next time you retain a lawyer you should specify someone who practices exclusively in family law. I suspect you and your legal aid dollars were used for "filler" work for the lawyer. Conveyancing (real estate) lawyers don't generally have to go to court and have files handled by their low-paid assistants. Criminal lawyers don't generally dabble in family law. If you have a jack-of-all trades sort of lawyer then you got what you paid for. Next time you hire a lawyer you will be wiser I'm sure.

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      • #18
        Originally posted by arabian View Post
        If you spend time researching and listen to the good advice given to you by experienced people on here then you will probably do ok with simple motions. A month has now passed since Tayken gave you some good advice.

        Your perception is that this is 'bickering' but I wonder if the other side feels the same? Does your ex also have a legal aid lawyer?

        File a motion. Failing that, make other vacation plans - you might be good to do that anyhow, depending upon where you live it might be September before you see a courtroom. It sounds as though you will have to go to court to accomplish what you want.
        I am not sure how the other parent could see asking for the passport to be signed as required to be bickering, I have asked via email maybe 1 or 2 times a week. The bickering I was talking about was the letter the other parents lawyers sent back full of nonsense and lies. They said that I only brought a blank passport application and demanded that she sign it right then, also said the other parent sent a completed application for me to be signed but never did. I have all the emails of me informing when I would be bringing it, meeting all her demands, her saying that she would sign it if these demands were met, and then the follow up emails informing her she did not sign it even though I met all of her demands. Her lawyer even sent back that they are seeking sole custody and bringing the matter back to court because I have asked for the passport to be signed and said that I am playing games when it is clearly the other way around. My lawyer sent a clever response to that without my knowledge that I found to be pretty funny. He said I highly doubt legal aid is going to finance your client to bring this matter back to court when the ink on their court order is barely dry, time for a reality check. I suspect the other lawyer is just trying to wrack up their bill before handing it off to legal aid.

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        • #19
          Originally posted by SteelCityDad View Post
          I am not sure how the other parent could see asking for the passport to be signed as required to be bickering, I have asked via email maybe 1 or 2 times a week. The bickering I was talking about was the letter the other parents lawyers sent back full of nonsense and lies. They said that I only brought a blank passport application and demanded that she sign it right then, also said the other parent sent a completed application for me to be signed but never did. I have all the emails of me informing when I would be bringing it, meeting all her demands, her saying that she would sign it if these demands were met, and then the follow up emails informing her she did not sign it even though I met all of her demands. Her lawyer even sent back that they are seeking sole custody and bringing the matter back to court because I have asked for the passport to be signed and said that I am playing games when it is clearly the other way around. My lawyer sent a clever response to that without my knowledge that I found to be pretty funny. He said I highly doubt legal aid is going to finance your client to bring this matter back to court when the ink on their court order is barely dry, time for a reality check. I suspect the other lawyer is just trying to wrack up their bill before handing it off to legal aid.

          See my suggestion above. Ask that you both attend at the passport office together. When you send her the passport application - make sure you send her a signed copy.
          Last edited by trinton; 04-24-2017, 07:55 PM.

          Comment


          • #20
            Originally posted by arabian View Post
            Next time you retain a lawyer you should specify someone who practices exclusively in family law. I suspect you and your legal aid dollars were used for "filler" work for the lawyer. Conveyancing (real estate) lawyers don't generally have to go to court and have files handled by their low-paid assistants. Criminal lawyers don't generally dabble in family law. If you have a jack-of-all trades sort of lawyer then you got what you paid for. Next time you hire a lawyer you will be wiser I'm sure.
            Indeed I will.

            Comment


            • #21
              Originally posted by trinton View Post
              See my suggestion above. Ask that you both attend at the passport office together.

              That is going to be way harder then trying to get her to sign it. I already have long form birth certificate, completed application form with just the other parent part not completed, copy of agreement, passport photos, and fees. Just need her to sign.

              Comment


              • #22
                Originally posted by trinton View Post
                Just curious .. How can you not afford counsel but you can afford a trip to Disney Land ? cuz if you could, you could always get a new lawyer who will get this done for you.
                Did my taxes, I may have to. Seems like a waste but just might.

                Originally posted by trinton View Post
                Send her a letter.. glad we could settle things. I have plans to travel with our child.. here are the details. I will need you to attend at the passport office with me. I am available on Monday, Tuesday, and Friday but am open to adjust to a time of your choice. Please let me know what times works best for you.
                I will try, and hope for the best.


                Originally posted by trinton View Post
                Follow up in 3 days, say Just Following up. I need you to attend at the pasport office with me I am available on Monday, Tuesday, and Friday but am open to adjust to a time of your choice. Please let me know what times works best for you.
                Originally posted by trinton View Post
                Follow up again in 3 days, I haven't heard from you. I need you to attend at the passport office with I am available on Monday, Tuesday, and Friday but am open to adjust to a time of your choice. Please let me know what times works best for you. if I don't hear from you by x date, I will assume you are not in agreement and I will have no choice but to file a motion. if I am required to do that I will be asking for costs.
                Originally posted by trinton View Post
                File your motion, get help from the flic, or hire a lawyer on limited scope retainer.
                Last time all the lawyers at flic said conflict of interest, maybe they have new ones now.

                Originally posted by trinton View Post
                It's best if you could both attend together to apply and sign the application right there and then. I think you will both need to be present and show photo ID - that's what we had to do. Also have ALL your court orders with you, birth certificate, long form birth certificate, passport, have EVERYTHING with you.
                Only thing I don't have is regular BC.

                Originally posted by trinton View Post
                OFFER TO PAY FOR EVERYTHING. She will look like a donkey if she still refuses.
                Already have, I even tried to have this removed from our current order and she refused that.

                Originally posted by trinton View Post
                message me if you need me to share any details off my motion affidavit used by my lawyer when I had to deal with this drama.
                Thanks!

                Comment


                • #23
                  Originally posted by SteelCityDad View Post
                  That is going to be way harder then trying to get her to sign it. I already have long form birth certificate, completed application form with just the other parent part not completed, copy of agreement, passport photos, and fees. Just need her to sign.
                  Ah, I see. I had an order that we both be required to attend. You need to send her another email..

                  I have planned vacation coming up and I really need you to sign the passport application. Here is a draft copy of the application with my signature on it. Please sign and return same to me. I could attend at the passport office and get the application and cover all costs. If you would like to be present, then we could attend together. I am available ....

                  Follow up and then threaten the motion and proceed as necessary .

                  Try a free 30minute consult with one of these lawyer referrals:

                  https://lsrs.lsuc.on.ca/lsrs/

                  Comment


                  • #24
                    I'd just proceed to court. Should take a very short time. You have documentation to prove you have proceeded in good faith and your ex has been unreasonable. Documentation may not be required. A very simple motion including with dispensing with your having to obtain her permission to travel in the future perhaps? Keep it very brief. Judges have heard this sort of thing thousands of times before.

                    Others with experience at the motion state will have advice I'm sure.

                    **Take good care with the wording of your motion. Judge may just cut-and-paste it to an Order so you want it to be very specific***
                    Last edited by arabian; 04-24-2017, 08:19 PM.

                    Comment


                    • #25
                      Originally posted by arabian View Post
                      I'd just proceed to court. Should take a very short time. You have documentation to prove you have proceeded in good faith and your ex has been unreasonable. Documentation may not be required. A very simple motion including with dispensing with your having to obtain her permission to travel in the future perhaps? Keep it very brief. Judges have heard this sort of thing thousands of times before.

                      Others with experience at the motion state will have advice I'm sure.

                      **Take good care with the wording of your motion. Judge may just cut-and-paste it to an Order so you want it to be very specific***
                      I agree, I am going to seek what tayken said about a month ago and seek an order to wave the other parent's consent, for me to hold the passport and to wave the necessary travel consents for me.

                      I looked around canii and made most our current court order myself with no help from my lawyer, will have to find some post orders with this in it.

                      Comment


                      • #26
                        Perhaps you should include some details on how travel by your ex will be handled e.g.
                        - your consent is also waived?
                        - passport will be provided at least 2 weeks before planned travel, or as soon as your own travel concludes, whichever is earlier

                        Is consent required for domestic air travel, or only for border crossings?

                        Is consent also waived if travel occurs outside access time prescribed in the order?

                        When you are travelling, I'm not sure if you actually need a blanket consent form, or if just an endorsed order to that effect is sufficient.
                        Last edited by dinkyface; 04-25-2017, 11:11 AM.

                        Comment


                        • #27
                          Thanks for the impute dinkyface.

                          So I guess i am going to prepare to file a motion to get this resolved.

                          All I need to file is:
                          Form 14 - Notice of Motion
                          Form 14A - Affidavit (general)

                          Anyone know if this is correct?

                          Comment


                          • #28
                            Is it possible to scan the passport application and email it to her, cc'ing your lawyer and her lawyer. Say please sign and return by X date, otherwise you will be forced file a motion to a) compel her to sign or b) remove the require for her to sign.

                            The application should be 100% complete. State that you will pick up the originally signed version the next time the child is exchanged. That you will sign it and email her a copy of the application signed by you for her records. That should there be any errors, to please let you know so you can remedy them.

                            Doing this will show the other lawyer what has been circulated, keeps your lawyer in the loop, and basically doesn't give her any way to say it was incomplete or otherwise unacceptable.

                            Hell, I'd even say that should she not have access to a printer that you can bring the application as shown to her the next time the child is exchanged. And should she say she will print it and bring it, I'd bring a couple copies anyway. Just in case she doesn't or prints in 2 sided or on the wrong size paper etc.

                            She is trying to wiggle around signing it. Limit her ability to create excuses.

                            Comment

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