what to do? I have a bige problem.

[jozsef]

Hi
I need some help to figure this out before I get a lawyer.I try to be short.

We met in 1996,and moved together.our boy borne in 1997.We bought a house in Etobicoke,On. 1999.I put most of the money in.we put the house on here, and my Friend name.2004 she moved out to Arther guy (Bill).Since then I was taking care of my son,paying the bills ,improvement to the house(many), with out any support from her. having a happy life with my son.hes playing hokey(goalie).Travel yearly to Europe to go see family.She kept weary Little contact with us.She had an other child from Bill Patrick.Bill past a VA 4 years ego.The lost two years she is having an other boy friend,they were Living in Milton,she left second child in Philippine fore over a year,Patrick get sic I had to pay his medications there.She decide to bring Patric back years ego, shortly after ask me if I could take care of Patric, because she like to go to work.I agreed.This year I started to ask her for some financial support,to help me with the Bil's ,her answer to me was "if you cant pay the Bil's move out of the house!!"lost month (October) again I ask fore some money,here response was" I want you to move out of the house!"we only talked on the telephone,I told here "if you like me to get out give me $300,000.00 ,the house is worth at least $500,000.00 here answer was "I'm not giving you nothing and you Will be out sooner then you think". Next day i come home from work, and she and a police is waiting fore me.The police is arrested me for uttering death.The police dint ask me anything just put a handcuffs on and in the back seat.Two nights in jail,now I'm out on bail.cant see my Son,or to go to the house.And she moved in with the boyfriend.As I find it out on the court disclosure she said we lived together and ,I was abusing here and I'm an alcoholic, and many times our older son is asking here to live the house because daddy is going to hearth you.all our neighbors ,and Friends very upset by this and give me lots of support and help.
I hope somebody can give me some advise because everything what I have is in that house, what is my right,I miss my son very much!
Thank you

[Rioe]

That is so huge I can't begin to suggest anything except to get a lawyer. Yesterday.

[blinkandimgone]

It sounds like you're going through a horrible time right now, especially for this time of year. Have you spoken with a lawyer at all?

[HammerDad]

Lawyer up, never speak or be around her with a digital voice recorder and be prepared for war.

[jozsef]

o ,yes it is horrible,specially not able to see my son! And he is mises me I'm sure.I had to miss his 13Th. birthday(bail condition).
yes I'm looking fore a lawyer,jut trying to get some money together.I had to rent a place.And by some furniture.I'm getting lots of support from my friends

Jozsef

[Rioe]

You need the lawyer a lot more than you need the apartment or furniture. Stay on one of these supportive friends' couches! Renting a place is like admitting defeat that you won't get back into the house. You are not defeated! Get a lawyer or police officer to help you get into the house ASAP to get some personal effects out, and you want to do that fast before she can destroy any evidence that helps your case, such as bills and mortgage payment receipts and other documentation. You don't care about your clothes or furniture, what you want is your computer, your financial and ownership documents, your photos that show you with your son, etc. A lawyer could help you prioritize ahead of time. Get a digital recorder and have it running, to record any incidents, even if they are just you exclaiming about stuff missing.

If you have any joint accounts, although it sounds like you probably don't, cancel them immediately and move the money elsewhere.

Good luck! It sounds horribly overwhelming, but fight to keep a clear head on your shoulders, and above all, be extremely polite and respectful in any interactions with her, no matter how angry you are and how much she tries to provoke you. Don't give her any ammunition for her abuse case.

[BitHunter]

I went through a similar thing. There is a "no tolerance" policy in Ontario regarding domestic abuse, which means that nobody ever will ask you if you did what you are accused with, and the police will no investigate it. It is worse than in the communist regime.
The charges will be withdrawn on your first court appearance, but you will be forced to sign a peace bond. (2 months)
Or you don't accept the peace bond, then the charges will be withdrawn after 1 year and ~$7000 cost.

[jozsef]

Hi RSzalai
I was already in Court for the criminal sarges. I have a lawyer for it .Have to go back Jan 26th.that will be my third time.No withdrawal of charges!! She lied to the police,we dint live together the last seven years,she said to the police she paid for the house,and was paying all the bills.I all redy bring down the mortgage to the high $70k. Don't say nothing about my Friend(hes not Happy with her).She invited him to my son birthday party at the house,he ask her where I'm, she said I vent to Cuba for a Vacation!I (was in jail)
One more think ,I'm all ready 56y old I just not ready start over,whit out my son!
he plays hokey (goalie) I send him in the last 3 year to Europe for Hokey schools in the summer,and the winter we just go and play all over Toronto.
His mother not taking him she say its to cold in the arena.I had to arrange for his coach to take him and bring him home.
I hope some of you can give me some positive info regarding my situation,I know I have to get a family lawyer to have this straitened out

Jozsef

[jozsef]

just some up date

I have Irving Solnik on my side,to sort out my situation.
Looks like ve may go to court.

Jozsef

[jozsef]

Hello to all

I'm very frustrated whit my lawyer,paid retainer on march 3rd. but hes doing nothing as of yet!!
hes saying because I'm a un-discharged bankrupt I'm not able to sue here fore any think.And he is asking for more$$??

What is my option? Is my lawyer is right?

Jozsef

[standing on the sidelines]

i would contact who did ur bankrupcy and ask them

[karmaseeker]

This is just shocking!

I don't really know what to say? Can you not go in and speak to the police again and say you have the title to the house and get neighbours to verify that you where living alone there? Maybe bring them in with you?

Has your lawyer said anything?

Have you been able to get a letter to your son? Let him know you are doing everything in your power to get back to him and love him.

[HammerDad]

Hello to all

I'm very frustrated whit my lawyer,paid retainer on march 3rd. but hes doing nothing as of yet!!
hes saying because I'm a un-discharged bankrupt I'm not able to sue here fore any think.And he is asking for more$$??

What is my option? Is my lawyer is right?

Jozsef

As an undischarged bankrupt there are a number of things you cannot do. You cannot be a director of a corporation and another one may be (not 100%) that you cannot maintain a tort action in court (ie. sue).

Anyway, you don't want to sue right now. If you are trying to sue, you are barking up the wrong tree and wasting your money. What you should be doing is getting a criminal lawyer and actively fighting the restraining order and charges to absolve you of that. After that, you should be getting a family lawyer to get you back into the house and fighting for custody of your child.

Get witness statements from neighbours, teachers, doctors etc who will state that they remember you being with the child and the house and haven't saw the ex with the kid in years.

Again, trying to sue and fight to get her back is a stupid move. Yeah yeah, you spent a night in jail. I feel for you. Same thing happened to my brother in law from his ex (not my sister). But instead of trying to sue, he faught the charges, proved them false and won custody of his son. Your focus is all wrong if you are trying to sue her for damages. Your focus should be on beating these charges, getting back into your house and getting custody of your son.

[WorkingDAD]

As an undischarged bankrupt there are a number of things you cannot do. You cannot be a director of a corporation and another one may be (not 100%) that you cannot maintain a tort action in court (ie. sue).

Anyway, you don't want to sue right now. If you are trying to sue, you are barking up the wrong tree and wasting your money. What you should be doing is getting a criminal lawyer and actively fighting the restraining order and charges to absolve you of that. After that, you should be getting a family lawyer to get you back into the house and fighting for custody of your child.

Get witness statements from neighbours, teachers, doctors etc who will state that they remember you being with the child and the house and haven't saw the ex with the kid in years.

Again, trying to sue and fight to get her back is a stupid move. Yeah yeah, you spent a night in jail. I feel for you. Same thing happened to my brother in law from his ex (not my sister). But instead of trying to sue, he faught the charges, proved them false and won custody of his son. Your focus is all wrong if you are trying to sue her for damages. Your focus should be on beating these charges, getting back into your house and getting custody of your son.

And than may be in case anything left in you after all this you may sue for damages. But I really doubt you will want it ...

[jozsef]

Hello
We have a date set fore trial Nov.30 2011, on the criminal charges.And my criminal lawyer has a motion in for to remove the kids from the restraining order, just waiting for the judge to sing it.
Yes I have many letters from my neighbors saying she moved out of the house 8 years ego.I can not go to police whit this,when I tried to explain it to them the police said "save it to the judge"
I'm trying to focus on my son, and he knows this (14y old),whit some help from my neighbors and Friends I try to give him any think he needs.
I'm not "sue" her just to prove a point!! I'm looking fore justice for me,and my son, and hes younger brother.(no father I was raising him the lost 2y the mother left him in the Philippine for 2y before)

Two week ego the CCA. visited the home and the kids in school,as I hared she beat the younger one whit a BELT!! And my Son defended he's brother,they where shouting and people heard it and called CCA.When I went to the office of the CCA. they told me I can not get any info regarding the incident with out the mother consent!! What a BS.

Next week I'm seeing a bankruptcy lawyer to try to figure out this,the last 8y she did not spent any money on the kids,or on the house.And was doing many work on the house to increase the value of it!
I'm just looking fore JUSTICE!!
I'm not young any more (56).I gave 100% into this relationship when together,thats is why I'm bankrupt today,and she is just trying to make a best of it for here self!!

Jozsef