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  • deadlines?

    So I was served (improperly) yesterday. My daughters mother is asking the courts to return child to her care, reduce my time with daughter and a fine on me. She is still claiming the sexual abuse claim that has been her focus since December and she has been found to be false in a police investigation, a police investigation, a hospital rape centre investigation, and an independent doctor investigation. (yes she has been putting our 10 year old through this)

    In the affidavit she is claiming that the child has confided and given details to the counsellor (which I knew was false because if she had the counsellor would have a duty to report)

    So I called the counsellor and I read her the statements in the affidavit. The counsellor responded that she has no concerns about abuse, that the child has never made those statements, she was so concerned with the behaviour from mom that she is writing up a letter tonight for me to pick up tomorrow.

    Problem is I think the filing deadline is tomorrow at 2. Is there anyway for me to get it extended as I won't be able to serve her until after I receive the letter which will be at 1pm tomorrow. We are in court on Monday. I was served yesterday, so I do believe that makes tomorrow at 2 my deadline?

  • #2
    I am by no means an expert but when my wife filed an ex parte motion against me my lawyers filed late with the other sides permission. Then her lawyers dumped (literally) another response on our laps in the court hallway.

    It made the court record. So it certainly happens, late filings. I think if you ask the other lawyer to file this late they will probably say no but might say yes.

    If they refuse I would raise it to the judge as extremely relevant to the case and that you would like to enter it. You might even just be able to speak to what it says anyways and he can take it under consideration.

    Sounds like the judge will be willing to take a look given how weak the mother's case is and the holes developing in her story.

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    • #3
      We are both self rep. There is no way she will agree as she keeps getting found lying in her affidavits and to the court. She right now has very limited access due to her behaviour and this will just add to the issues for her so she will absolutely not want it admitted.

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      • #4
        Sounds like you're in a good spot then. Its unlikely her further wonky allegations will over turn the current interim access regime then (with or without this added evidence). It would be good to let her lawyer see it regardless it might take a little bit of the bite out of their argument if in the back of their mind this new evidence will appear in front of the judge. At least at some motion or conference somewhere down the road.

        Do you think the judge would let you speak about it? Even if you can't enter it into record then at least you can rely what information the counselor has shared with you. I am assuming you look like a shining example of credibility at this point.

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        • #5
          I am very credible in the eyes of the court over her. She has 3 contempts since August. In one the judge wrote a lot about her misleading the courts, her constant false accusations, and that in any area that our stories differ hers can not be accepted.

          She does not have a lawyer now, her previous lawyer ended up testifying against her at the contempt trial. She also made false statements in her affidavit and testimony that the previous OCL claimed and the OCL wrote a letter to the judge stating it was false.

          Currently because of her breaches of the order, and her accusations she only see's our daughter 2 times a week. She wants it to be changed so she has primary residence, so that I have to pay her for lost time, that the child be removed from aboriginal programs (myself and my daughter are Metis) and a limit on my access with child. Although she didn't actually file anything in response to my motion to change this is just an affidavit she wrote in regards to her being found in contempt and our follow up date regarding that order.

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