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Procedural order for Questioning

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  • Procedural order for Questioning

    Case conference is next week.

    I am a self rep.

    Ex has great lawyer.

    He is asking for a procedural order for questioning.

    My research is telling me to dispute this. I have cases prepared that shows there is no need to question me, as i can provide information in an affadavit etc. i read it is a way for his lawyer to rattle me.

    I have nothing to hide.

    My ex is trying to say I threatened to take his pension and take the kids if he didn't sign over primary residence with me having 70% with kids.

    I never threatened this. We agreed in a separation agreement. He wanted this.

    He can't prove any of his wild allegations whereas I have emails from years ago when we were disputing and discussing our separation agreement details.

    I would rather not be questioned by an experiwnced lawyer and just ask him to prove his allegations about my so called threats.

    Am I smart to dispute questioning? I don't want to look un co operative.

    Truth is i am scared as hell to say 'your honour i dispute questioning. Please see these 2 cases in which it is decided questioning is a waste of time and money.'"

    Cheers

  • #2
    You can dispute it but it is really up to the judge to order it.

    Judges mostly order it if the case is headed for trial.

    Litigants request the judge to make many orders but not all are granted.

    Comment


    • #3
      You have a Separation Agreement?

      What is the reason your EX made a Application?

      Is the Separation Agreement filed with the Court? Doesn't sound like it.

      Sounds like you settled without Court.

      2 things a Judge can Order at a Case Conference RULE 19 (Request for Information) and RULE 20 (Questioning)

      So NO procedural motion is required.....all parties get the above no matter what. They get that (rule 18 and 20) to "narrow" issues too resolve things too avoid Trial.

      The ex's lawyer wants to overturn you separation agreement

      This will be difficult, there are terms both parties have been carrying out, your EX found some terms he didn't like (but probably enjoyed the good terms) and now rejects the Agreement.

      File your Agreement with the Court.

      Your EX is wasting his money. He's trying to intimidate you.

      You win hands down with the Separation Agreement......concede NOTHING, which means the EX wants you to change or amend the original Agreement....he's ALL BLUFF

      Stop at the Family Law Information Center while your at the Court House FIRST...show them your Sep Agreement...because I don't know exactly what is in that agreement ....child support wise....FRO should get involved if you have an EX thinking he is a litigation hero.
      Last edited by MrToronto; 11-12-2014, 08:25 PM.

      Comment


      • #4
        Yes i have 2 separation agreements.

        The first was made in 2012. We reconciled for a bit then did a second separation agreement in 2013.

        The only difference is that i agreed in the second agreement to take less than the table amount of child support somhe could 'get on his feet'.

        He never asked for the kids. The man never asked. All this stuff he says about me threatening t take the kids is ludacris. For years i begged and cried and begged more for him to be a father and take the kids more than a few hours a month. He never took them the 30% it says he has them in our agreement.

        I filed the agreement.

        Also we divorced and he never contested that.

        That's for the vote of confidence. Most days i think i will
        lose because people say kids need daddy just as much.

        Comment


        • #5
          you cannot have two separation agreements..the most recent one is the one that is enforced IMHO.

          Kids do need both parents in their lives. Why would you consider it a loss if the father is in their lives? If he wants to be a father and step up then that's a good thing, you don't lose, the kids win.

          I have found that nothing is iron clad with agreements. It seems there are loopholes etc that can nullify parts or all of an agreement. You said in yours you stated that you would take less then table support for the kids. I was under the impression that the courts would not allow an agreement like that in regards to CS.

          Comment


          • #6
            You can have many legal documents. Some supercede previous ones. However some just amend *portions* or *specific* items in previous ones. So for this reason, I disagree with you - you can have many.

            Comment


            • #7
              What is the worst that happens the guys his kids 40% of the time?
              Questioning is you is going to cost them plenty of money.

              You never lose anything by trying, contest the questioning and if that fails only answer relevant questions and object to anything irrelevant or leading.

              Comment


              • #8
                I don't consider it a loss if their father is in their lives. I never said that. I think it is fantastic he is in their lives. The fact my daughter no
                Longer cries every night for her dad is a real bonus for her. I have been wanting him involved for 3 years. He was too busy with his mistress and golf etc. an actual piece of his heart was missing because he didn't care to see the kids. now he wants to be a dad. That is great.

                First separation agreement is void since we reconciled more than 90 days.

                Second agreement is legal agreement. I filed both agreements because my ex claims i coerced him into signing it. I feel if i can show he agreed to same thing twice it proves he is lying.

                Re: child support. It is correct you can't agree to take less. We agreed out of court so no judge saw the order until we filed for divorce. I had only agreed to take less for one year so by the time we divorced i was getting full child support and thus judge approved divorce.

                Comment


                • #9
                  Originally posted by Serene View Post
                  You can have many legal documents. Some supercede previous ones. However some just amend *portions* or *specific* items in previous ones. So for this reason, I disagree with you - you can have many.
                  If they reconciled, the first agreement would become null and void. The second agreement would be the standing agreement.

                  Comment

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