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  • Is it as simple as comparing apples to oranges?

    Comment


    • I think so.... or even if you compare the two... she had no choice but to take that bus... your child does have another option that would be in her best interest.

      Comment


      • 100Km is a 60min trip at best, unless they speed, then they are putting the child at risk.

        There are lots of families that have a long drive for access, but most judges do not permit a visit during the school week. Perhaps you can provide an alternate where she gets the visits on weekends and any non instructional days such as PD days, therefore eliminating the school week visits.

        If the ex refuses this, then it is clear that she is not thinking about the child's best interests, and could face loosing more access, instead of increasing the access like she wants to do.

        Comment


        • The current Judge is totally disregarding this every time time this is brought up for the last year...with the Judge fully aware of the distance he is continually reverting access back to 2-3 day stretches...16 week schedule.

          This Judge is most surely not pro-child how can we deal with this. (He was more interested in hearing the story of her bf's broken foot, and where he worked, and her cryying fit, instead of whats good for the kids)

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          • There should be some case law for you to review. Have you looked at CanLII

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            • Yep pulling several actually...

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              • Okay I have a new development to make you all laugh..as I am sorting through these files...In regards to child support she increased my husbands income by adiing what she pays him in child support and what he gets back for CCTB and actually made statementthat he never added his child support received to his total income when they used the child support guidelines and she never subtracted from her income

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                • grrr...posted twice....sorry
                  Last edited by InterprovincialParents; 09-24-2010, 05:53 PM. Reason: deleted unnecessary info

                  Comment


                  • Ok...court rules on affidavit evidence...from the Rules of Civil Procedure (ANYONE self-representing should have a copy of these to refer to, as they outline the formatting of all documents, etc)

                    CanLII - Rules of Civil Procedure, R.R.O. 1990, Reg. 194

                    AFFIDAVITS
                    Format
                    <!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - R.R.O. 1990, Règl. 194. -->4.06<!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - R.R.O. 1990, Règl. 194. --> (1) An affidavit used in a proceeding shall,
                    (a) be in Form 4D;
                    (b) be expressed in the first person;
                    (c) state the full name of the deponent and, if the deponent is a party or a lawyer, officer, director, member or employee of a party, shall state that fact;
                    (d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and
                    (e) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations. R.R.O. 1990, Reg. 194, r. 4.06 (1); O. Reg. 575/07, s. 1.
                    Contents
                    <!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - R.R.O. 1990, Règl. 194. -->(2) An affidavit shall be confined to the statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except where these rules provide otherwise. R.R.O. 1990, Reg. 194, r. 4.06 (2).
                    Exhibits
                    <!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - R.R.O. 1990, Règl. 194. -->(3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and where the exhibit,
                    (a) is referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;
                    (b) is referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the lawyer or party who filed the affidavit, unless the court orders otherwise; and
                    (c) is a document, a copy shall be served with the affidavit, unless it is impractical to do so. R.R.O. 1990, Reg. 194, r. 4.06 (3); O. Reg. 575/07, s. 1.
                    By Two or More Deponents
                    <!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - R.R.O. 1990, Règl. 194. -->(4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Sworn (or affirmed) by the above-named deponents” may be used. R.R.O. 1990, Reg. 194, r. 4.06 (4).

                    Alterations
                    <!-- TRANSIT - HYPERLINK --><!-- .tribunaux judiciaires (Loi sur les) - R.R.O. 1990, Règl. 194. -->(9) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer. R.R.O. 1990, Reg. 194, r. 4.06 (9)

                    Comment


                    • In regards to child support she increased my husbands income by adiing what she pays him in child support and what he gets back for CCTB and actually made statementthat he never added his child support received to his total income when they used the child support guidelines and she never subtracted from her income
                      That's because it's not his money...it's the kids. Ditto CCTB. So you should ask if she's going to allow you to retro actively apply the same rule for when SHE was receiving it.

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                      • I cannot find any that I can alter without breaching privilege, so I will make one up...

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                        • NBDad Youre funny I cant believe as I am sifting through this how hard some of it makes me laugh

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                          • My ex is batshit crazy and makes your hubby's ex look tame in comparison. YOURS is just a pain in the ass...mine...well...read my Introduction sometime

                            I find the choice most times is either to laugh or cry about it...personally I'd rather laugh.

                            Remember: You can't fix stupid...neither can you FORCE someone to coparent with you. and "it all comes out in the wash".

                            Comment


                            • You have mail, Stepmom

                              Comment


                              • Originally posted by NBDad View Post
                                My ex is batshit crazy and makes your hubby's ex look tame in comparison. YOURS is just a pain in the ass...mine...well...read my Introduction sometime
                                No Mine is crazier. Can't keep her story story straight within her own affidavit, and is even worse on the witness stand.

                                BATSHIT CRAZY lol, can I use that? It is just funny.

                                Comment

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