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  • Splitting Access and Support

    So my ex has decided that she doesn't like my counter to her proposal.

    The challenge is that she has decided to attach signing her proposal with continuing to see my daughter. However, she hasn't said it outright. She has not responsed to my emails and text messages trying to confirm dates and meetup locations for my Oct, Nov, and Dec visits with my daughter.

    I have emails and texts from my daughter indicating that she wants to see me and we were going back and forth planning out activities. I would prefer not to use any communication from my daughter as a strike against the ex, because I don't want to drive a spike between the two.

    I have a very softly worded temporary agreement stating that I have 1 weekend a month access on a weekend that we can agree on, and that lieu time will be offered in the event of an inability to agree on a date. Yes, I also pay some support.

    Monday I sent registered letters to both her and her LAO lawyer reminding them that the access and support are separate issues. She has previously blamed denied access as "My LAO lawyer told me to" in writing.

    Any advice on how to get this to move.

  • #2
    Originally posted by nfc4ever View Post
    Monday I sent registered letters to both her and her LAO lawyer reminding them that the access and support are separate issues. She has previously blamed denied access as "My LAO lawyer told me to" in writing.

    Any advice on how to get this to move.
    File a complaint with Legal Aid Ontario and provide a copy of the communication where the other party identifies the advice they were given to deny access to the child. Even if the lawyer didn't advise this action and you still have it in writing it demonstrates to LOA they have a high conflict client whom may not be deserving of LOA funding and may be yet another client with "wings".

    CanLII - 2011 ONSC 7476 (CanLII)

    1. The popular beverage has a catchy slogan: “Red Bull gives you wings.”
    2. But at this costs hearing, the self-represented Respondent father suggested a wry variation: “Legal Aid gives you wings.”
    3. He now seeks costs in relation to a 17 day custody trial which resulted in my 606 paragraph judgment dated November 9, 2011. He won; sole custody. The Applicant mother was represented by counsel. Her poor finances qualified her for Legal Aid. Now she says those same poor finances should excuse her from paying costs.
    4. The Respondent asks a valid question: Does she have wings? Can she do whatever she wants in court, without ever worrying about fees – hers or anyone else’s?
    You can file an anonymous complaint about the LOA lawyer and client here:

    Ethics Hotline | Legal Aid Ontario

    Good Luck!
    Tayken

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    • #3
      This is a contempt issue - which given the "soft language" will fail., or you seek an interim judgement with more specific access terms.

      I don't see you being able to separate access & support from each other....

      Comment


      • #4
        Thanks everyone for the info. The soft language had come from my since fired lawyer. I had wanted something with a schedule with specific dates and so forth. The concern about separating the two is that she seems to be using access to punish me for not agreeing to everything that she wants.

        Comment


        • #5
          Update:

          So I heard back from LAO last week. Because the ex's lawyer is an independent lawyer who takes LAO certificates, they aren't going to investigate the issue. They advised that I should report the lawyer to the LSUC's ethics committee.

          Apparently they only investigate ethics complaints against lawyers who are employees of LAO.

          Comment

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