Just a brief background on my case. I have been separated from my sons mother since basically when he was born. We were never married and never lived together. I have had problems with access since he was born and when he was around 1 years old i had enough and took her to court to have an order drawn up to stop the problems.
In August 2004 I got that order and it was ok for about a month, then she stopped following it and I only got to see him half the time I was supposed to. I play poker for a living and also agreed on imputed income because my income tax says ZERO as gambling isn't taxed in Canada(could be, but very grey area).
In May 2005 I had enough and had to take her back to court and filed a contempt motion. When she got the papers she then filed against me saying I didn't follow access and I was a bad father and all access should stop. She also put an order in saying I make millions of dollars a year and should pay her thousands of dollars a month. She says I gamble for a living and don't belong in my sons life due to having no job. This despite the fact shes been on welfare for 5 years and has no intention of working herself.
Anyway, we been back and forth to court a dozen times in the last year and I've only seen my son 3 times since May 2005. 2 days on Christmas only because childrens lawyer was involved and 1 other day. The judge got the office of the childrens lawyer involved and they pretty much ruled completely for me and confirmed everything I had written in my motions and replies(that she is an alcoholic, and her parents abuse her and my son, she took him out of school so she could keep collection welfare, etc etc etc), and they basically disproved all the lies she wrote about me.
So I though things were over finally when we went back in December 2005 after Childrens lawyer submitted report but she is contesting the report and saying its all lies like she says about everything. So judge said she has another 3 months to do that and we go back in April 27th 2005 for a case conference. My lawyer says her lawyer says she will not settle or agree to anything wants to go to trial. That could apparently take another 3 years. Everything was so obvious, how she didn't take me to court until after I took her, all the childrens lawyers findings, everything. She is mad I've moved on with my life and wants to punish me for it. Now for the questions.
Is there anything else I can do here, not sure how great my lawyer is, but I feel i keep getting screwed, and not sure if he isn't doing enough, or if the system is really that bad???
My parents were a huge part of my sons life as first year he was born she came over to my parents with my son a lot as I was staying there. Also all my access visits they seen him also, and are just as devastated as I am. Can I get them to file an access motion to see him, or will the judge not look at that until our case is done?
Due to me being upset all the time, and having problems, i've also been losing at poker, which hasn't helped and I am unable to even pay the child support I have to pay now. Can I file a motion now to reduce it, or should I wait
until we go back to court in April?
I know I should be asking my lawyer this but as of now legal aid has cut me off. I have been living with my current girlfriend for 2 years and legal aid says because she won some money at the casino in the summer that I should have told them and they said I have to pay all the laywer his fees for the last year, and they won't pay it. This is another $5000+ I have to pay and can't afford, and now will be going back to court with no lawyer.
Can anyone please help me??
In August 2004 I got that order and it was ok for about a month, then she stopped following it and I only got to see him half the time I was supposed to. I play poker for a living and also agreed on imputed income because my income tax says ZERO as gambling isn't taxed in Canada(could be, but very grey area).
In May 2005 I had enough and had to take her back to court and filed a contempt motion. When she got the papers she then filed against me saying I didn't follow access and I was a bad father and all access should stop. She also put an order in saying I make millions of dollars a year and should pay her thousands of dollars a month. She says I gamble for a living and don't belong in my sons life due to having no job. This despite the fact shes been on welfare for 5 years and has no intention of working herself.
Anyway, we been back and forth to court a dozen times in the last year and I've only seen my son 3 times since May 2005. 2 days on Christmas only because childrens lawyer was involved and 1 other day. The judge got the office of the childrens lawyer involved and they pretty much ruled completely for me and confirmed everything I had written in my motions and replies(that she is an alcoholic, and her parents abuse her and my son, she took him out of school so she could keep collection welfare, etc etc etc), and they basically disproved all the lies she wrote about me.
So I though things were over finally when we went back in December 2005 after Childrens lawyer submitted report but she is contesting the report and saying its all lies like she says about everything. So judge said she has another 3 months to do that and we go back in April 27th 2005 for a case conference. My lawyer says her lawyer says she will not settle or agree to anything wants to go to trial. That could apparently take another 3 years. Everything was so obvious, how she didn't take me to court until after I took her, all the childrens lawyers findings, everything. She is mad I've moved on with my life and wants to punish me for it. Now for the questions.
Is there anything else I can do here, not sure how great my lawyer is, but I feel i keep getting screwed, and not sure if he isn't doing enough, or if the system is really that bad???
My parents were a huge part of my sons life as first year he was born she came over to my parents with my son a lot as I was staying there. Also all my access visits they seen him also, and are just as devastated as I am. Can I get them to file an access motion to see him, or will the judge not look at that until our case is done?
Due to me being upset all the time, and having problems, i've also been losing at poker, which hasn't helped and I am unable to even pay the child support I have to pay now. Can I file a motion now to reduce it, or should I wait
until we go back to court in April?
I know I should be asking my lawyer this but as of now legal aid has cut me off. I have been living with my current girlfriend for 2 years and legal aid says because she won some money at the casino in the summer that I should have told them and they said I have to pay all the laywer his fees for the last year, and they won't pay it. This is another $5000+ I have to pay and can't afford, and now will be going back to court with no lawyer.
Can anyone please help me??
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