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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-06-2006, 10:46 AM
babyfacejack babyfacejack is offline
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Default Lots of Questions, need help bad.

Just a brief background on my case. I have been separated from my sons mother since basically when he was born. We were never married and never lived together. I have had problems with access since he was born and when he was around 1 years old i had enough and took her to court to have an order drawn up to stop the problems.

In August 2004 I got that order and it was ok for about a month, then she stopped following it and I only got to see him half the time I was supposed to. I play poker for a living and also agreed on imputed income because my income tax says ZERO as gambling isn't taxed in Canada(could be, but very grey area).

In May 2005 I had enough and had to take her back to court and filed a contempt motion. When she got the papers she then filed against me saying I didn't follow access and I was a bad father and all access should stop. She also put an order in saying I make millions of dollars a year and should pay her thousands of dollars a month. She says I gamble for a living and don't belong in my sons life due to having no job. This despite the fact shes been on welfare for 5 years and has no intention of working herself.

Anyway, we been back and forth to court a dozen times in the last year and I've only seen my son 3 times since May 2005. 2 days on Christmas only because childrens lawyer was involved and 1 other day. The judge got the office of the childrens lawyer involved and they pretty much ruled completely for me and confirmed everything I had written in my motions and replies(that she is an alcoholic, and her parents abuse her and my son, she took him out of school so she could keep collection welfare, etc etc etc), and they basically disproved all the lies she wrote about me.

So I though things were over finally when we went back in December 2005 after Childrens lawyer submitted report but she is contesting the report and saying its all lies like she says about everything. So judge said she has another 3 months to do that and we go back in April 27th 2005 for a case conference. My lawyer says her lawyer says she will not settle or agree to anything wants to go to trial. That could apparently take another 3 years. Everything was so obvious, how she didn't take me to court until after I took her, all the childrens lawyers findings, everything. She is mad I've moved on with my life and wants to punish me for it. Now for the questions.

Is there anything else I can do here, not sure how great my lawyer is, but I feel i keep getting screwed, and not sure if he isn't doing enough, or if the system is really that bad???

My parents were a huge part of my sons life as first year he was born she came over to my parents with my son a lot as I was staying there. Also all my access visits they seen him also, and are just as devastated as I am. Can I get them to file an access motion to see him, or will the judge not look at that until our case is done?

Due to me being upset all the time, and having problems, i've also been losing at poker, which hasn't helped and I am unable to even pay the child support I have to pay now. Can I file a motion now to reduce it, or should I wait
until we go back to court in April?

I know I should be asking my lawyer this but as of now legal aid has cut me off. I have been living with my current girlfriend for 2 years and legal aid says because she won some money at the casino in the summer that I should have told them and they said I have to pay all the laywer his fees for the last year, and they won't pay it. This is another $5000+ I have to pay and can't afford, and now will be going back to court with no lawyer.

Can anyone please help me??
Old 03-06-2006, 08:15 PM
logicalvelocity logicalvelocity is offline
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It appears you are on good footing. Have patience with the system. Its not perfect but its all we got.

I am not sure why you have a case conference scheduled. Is this a settlement or trial management conference. Unless it was a final access order, you could of saved some time and filed a motion for a fixed access schedule.

It appears the mud is slinging back and forth. It will be up to the Judge to give weight and consideration to the office of the children's lawyer parental assessment. The onus is on your ex to downplay this assessment. It will take an equivalent professional or expert witness to do this acting on behalf of your ex. I suspect the court's will give weight to the assessment as it was the court's in itself that ordered the assessment.

I would try to pay the child support that currently is in place without trying to vary the current order. You can always get it varied later on. Get an access regime established first. This is your top priority.

As far as your dealings with legal aid, they do base the financial test on a family income if your living in a common law relationship. I would try to settle this matter with them and perhaps come to a resolution.
Old 03-06-2006, 11:48 PM
honey I'm home honey I'm home is offline
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Hey BabyFac Jack

I know how you feel about lawyers, that's why I came on here, I don't feel that my friends lawyer is doing enough for him. (see introduction thread).

As for the child support, I would ask you lawyer to file those papers right away for the variance. If she has the FRO on your tail they could throw you in jail. The FRO tried with another friend of mine (not the one I've been on here asking questions about but another friend) anyway they were going to take his licence away from him because he was not keeping his support payments up to date. He told them to go ahead cause then they would get nothing cause he is a truck driver so therefore they would get nothing.

Speak with your lawyer immediately, as I see it, even if you get it changed maybe they will back date it maybe they won't so the sooner the better, hey hit or miss eh.

O and just cause your living in someone's house that does not make them your "girlfriend" unless of course you do your income tax together. Is there someone in the bedroom with you when your making out? Don't they have to prove that it's your g-friend............ Just a thought
Old 03-07-2006, 07:49 PM
babyfacejack babyfacejack is offline
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I can't speak with my lawyer anymore since legal aid cut me off, I don't have the money to pay him. Can I file the order to change support myself?

All i know is that the judge and lawyer said case conference in April. Can I handle that myself? I think I may have to unless my financial situation changes drastically by then. Any tips? Appreciate the help.
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