Going to trial over.......

[marknuck311]

......head lice.

That's right. Head lice.

Quick bio: divorced from ex for 3 years - very happily re-married.
Have 3 daughters from 1st marriage (11, 9, 7) and now 2 step-daughters (9, 7).

Ex denied me access twice to children, because of head lice.
I started an application for sole custody, and to get the denied weekends back (we have joint custody, not ordered). I have self-repped the whole way.

We've agreed on custody & access since I started this case back in late '09, but they (she is rep'd) want a lice provision written in - I initially refused to, as they have no proof, but eventually agreed just to get this done.

Judge would NOT endorse our Minutes of Settlement, saying she would NOT make any order on lice. I have this in writing.

But Ex and her solicitor won't give up.

We've been through a Case Conf and 2 Settlement Conf, and exchanged many e-mails/letters.

Question: would anyone here ever sign a lice protocol agreement, even though it could never be enforced?

Her allegations are just that: allegations. No proof. But I have proof from 3 different sources that lice is NOT in our household.

Oh, one more thing: the allegations only started when my wife & her kids moved in, and stopped when we finally demanded proof the kids actually had lice.

[mummer1962]

If you check with your local Health Unit you will be told that head lice are no longer considered a health issue. They are a nuisance, but do not put children at risk. That should be worth something to that argument Good luck.

[NBDad]

Lice is lice dude...what are you going to do, run little DNA tests to prove that the lice originated from your household and not from school, a friends place, a sitter, etc.

It's part of having kids, when they go to school, they are exposed to a couple hundred other children. Good luck EVER proving where lice came from.

Document fully any instances of denial of access...when you have gathered a couple in a row ( say 3) then file a contempt motion asking for an increase in time and costs, as well as make up time/increased access.

After 3 or 4 such trips, ask for a complete change in custody due to her inability to follow the court order and to help foster a relationship between the children and their father.

Eventually the judges will get sick of her being retarded.

Fact of the matter as much as lice are a pain in the ass, they are NOT placing the kids in danger, and your ex is in contempt to deny access to the kids on that basis.

File a motion to dismiss the existing "lice" litigation as frivolous and unnecessary and ask for costs.

[atlanticcanadian]

Heck I almost went to trial over security of payment and another $56.00 a month. Now almost post divorce, I have to get two lawyers - the ex is definitely paying for one, even if I have to sue him. One lawyer told me to get a psychologist. I am so bloody frustrated.

[billm]

...
I started an application for sole custody, and to get the denied weekends back (we have joint custody, not ordered). I have self-repped the whole way.

We've agreed on custody & access

You have sole custody, or want sole custody? How much do the kids live with you?

What custody have you agreed to?

Why sole custody?

[WorkingDAD]

WAW

I even checked dictionary to check do I really know what lice is...
There is no way you can prove where they come from. If I remember correct they can jump over 1 meter from head to head.

Another fact what I remember that they actually live only in clean head...

I imagine what laugh will judge have reading it...

[marknuck311]

Thanks for the responses.

Mummer1962: I've covered the local health unit angle - trust me, I have researched lice, and their effects, etc to the Nth degree - I know more about lice than one should ever need to know about a harmless little parasite.

NBDad: Exactly. There is NO way of proving where it is coming from - and I have proof that it is NOT coming from us.
And I document everything - every single time our paths cross, and everytime I seeé or talk to the kids.
After the first denial, I made an occurence report at the local police station - I knew they couldn't do anything as my separation agreement is not court ordered, but I just wanted to document the incident.

BillM: I have joint custody - access every other weekend, and every other Wed evening. I started an application for sole custody, but I know it would be next to impossible to get this - especially self-repped.

WorkingDAD: sorry, lice do not jump - they do not hop or fly either. They only crawl - can only transfer by direct head-to-head contact.

Really, she just hates my wife and I - I could write pages on the stuff she's pulled with the kids - classic parental alienation kinda stuff - but I'm sure everyone has their own unfortunate experiences.

[WorkingDAD]

WorkingDAD: sorry, lice do not jump - they do not hop or fly either. They only crawl - can only transfer by direct head-to-head contact.

Really, she just hates my wife and I - I could write pages on the stuff she's pulled with the kids - classic parental alienation kinda stuff - but I'm sure everyone has their own unfortunate experiences.

my bad. That was fleas who jump... Sorry did not have any experience with thous for may be 25 years... except letter form school earlier this year.

My is throwing toys what I buy for kid ..... that what I know for now...

[Mominneed]

I cannot believe it - I am actually laughing over the ridiculousness of this whole thing. But truly it is really sad that people get to this level. Your x should just get over the fact that you are in a new relationship and not try to get back at you for moving on by using access with the kids. Crazy stuff and now I realize why family court judges are just so pissed off all the time - they are over-loaded with work and they have to deal with this $hit...

Really sorry to hear about this mess over lice (which I think many kids get at one time or another). Hope she'll get her a$$ kicked for it - a stern talking to and costs against her.

[CycleDad]

Heck I almost went to trial over security of payment and another $56.00 a month. Now almost post divorce, I have to get two lawyers - the ex is definitely paying for one, even if I have to sue him. One lawyer told me to get a psychologist. I am so bloody frustrated.

that was random

[wretchedotis]

File a motion to dismiss the existing "lice" litigation as frivolous and unnecessary and ask for costs.

Yep.. Good advice.

[WorkingDAD]

File a motion to dismiss the existing "lice" litigation as frivolous and unnecessary and ask for costs.

are you talking about RULE 14(22)?

RULE 14: MOTIONS FOR TEMPORARY ORDERS
[eaten by mice]

MOTION TO STRIKE OUT DOCUMENT

(22) The court may, on motion, strike out all or part of any document that may delay or make it difficult to have a fair trial or that is inflammatory, a waste of time, a nuisance or an abuse of the court process. O. Reg. 114/99, r. 14 (22).

[marknuck311]

Not bad - in fact, that is a very good idea - thank you for pointing that out, I will definitely be using that.

[billm]

...

BillM: I have joint custody - access every other weekend, and every other Wed evening. I started an application for sole custody, but I know it would be next to impossible to get this - especially self-repped.

Why do you want sole custody?

[marknuck311]

If I could tell you everything she has done to manipulate and brainwash these poor children, you would go for sole too.
Even 50/50 would be great, but I think may be too stressful on the kids, shuttling back& forth between dwellings.