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  • #91
    if you do fire him, write a letter of complaint to the law society of upper canada on his actions (or lack of). Ensure it is investigated...

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    • #92
      Ya we already decided on that....It sounds like his lawyer is setting him up to fail on purpose, for what reason I am not certain. We told him last week Thursday we no longer wanted to utilize his service my husband went to his office to courier a letter in person stating as such, and pick up our files we prepared, that they informed us we'd have to pay to get back, our binders and everything that we turned over to them when he said hed take the case. After dropping off the letter my husband ran into him just leaving courthouse, the lawyer stated that we totally misunderstood and took out of context what he said, my husband informed him we wanted an interim and we had been preparing for it, he said give me what you have and i'll go over it im out of town Monday morning (today) call me in the afternoon. My husband called he didnt get back to him until around 4:30. Said my arguments for an interim were more complex than a NASA manual, but didnt say he'd revise accordingly and fight for the interim, and it wasnt any more complicated that her recent proposed offers you had the privelege of viewing or the 16 week schedule they have had for the last 2 and half years.

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      • #93
        Have hubby call him back in the morning and state, "I think you misunderstood me. As my lawyer, I am telling you to apply for this Interim Order."

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        • #94
          well thats the point...He is either representing my husband or he is not, there is not a gray area. He said hes booked for the next two weeks, but none the less hes been our lawyer for almost a year and hasnt done anyhting.

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          • #95
            well, is he still? or isn't he? If you have served him with notice, it needs to be filed with the court to remove him as the lawyer of record...as well as served upon the ex/her lawyer.

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            • #96
              That is often the case with many of our files. It only gets worse the longer the issues drag on, and then it gets harder for the lawyers to resolve the issues, that is if they even remember what the issues are.

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              • #97
                Well I will prepare the documents tomorrow and fire him officially, Im done, and my husband and I are stressed beyond with no relief of this incessant crap.

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                • #98
                  If you need a hand with any of it, ask away...I return to work on the 27th.

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                  • #99
                    Alright dumb question, when filling out form 4 and affidavit do we list him as the lawyer or do we put self-represented since we are realsing him?

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                    • Self represented. However he will need to file his cease to act, and sometimes judges do not let a lawyer out of the case.

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                      • rwm1273, I understand what you are saying about judges not wanting to let a lawyer out of the case.
                        1) The judge did not mind my ex to drop her lawyer and self represent, on top of that I was not notified prior to a court date.
                        2) I have no other choice but to fire my lawyer. I do feel in some ways I need him but he is not working for me, it appears he is working for her.

                        I do not see a way to continue retaining my lawyers services if he will not put forward the effort. I feel he is either going to pro-bono my case or charge me so little he feels his efforts are not financially justified to him. That is not working for me, it is working solely for his pocket book. I have a daughter in need of a decent childhood life, memories and positive growth & development, not this stunting court battle.

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                        • You can do it on your own, it just takes a bit of learning the system. If you feel confident in court, you can represent yourself very well. You need to be respectful of the court, and keep your arguments simple so you don't get lost, or worse yet confuse the judge.

                          You can hire a paralegal to help you with your court cases. Some are very knowledgable, and may even rival some good lawyers for the law. This is a much cheaper way of getting good legal assistance, but they do not go to court for you like a lawyer does.

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                          • rwm I have been studying the laws, procedures and the system for a year since this began, i cannot represent him but i can prepare him with some assistance here and there, we cannot afford anything. I cant legally work in canada yet, so all we have is caoncernedDads income and 5 kids....3 living in the states that we pay support for. wont even get into that part of it.....his ex only pays $600 a month in support for the 2 kids one being 14 who lives here 100% and can eat us out of house and home the day after we go grocery shopping. we will have to have people in here help and flic when we can get there

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                            • I have prepared this case filled out all the forms and filed them since its birth in Sept 2009

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                              • I have a similar problem with the not being able to work issue for my wife. Not that I worry if she works, it is just the delays that we have in getting her residency.

                                I have spoken to a couple agencies where I am, and they say that if we want, they could help to get my wife a job and documentation to work rather easy. Problem is my wife does not have any transferable skills they need.

                                Perhaps there are similar programs where you live that can help you. You may have skills that can be recognized in Canada, and may be elligable to apply under the provincial nominee program.

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