Divorce and Debt

[Nadia]

I have just been informed by a lawyer that I contacted recently, that if I wanted legal representation for an upcoming trial, I would need to provide $25,000 in a retainer and be prepared to spend in excess of $50,000 on the trial itself.

My question is this, if you are dealing with a particularly difficult ex-partner, who drags you in and out of court for everything under the sun and refuses to negotiate on anything outside court, is there anything you can do to maintain/manage the accumulating debt?

[tugofwar]

I would need to provide $25,000 in a retainer and be prepared to spend in excess of $50,000 on the trial itself

WTF? Is this a new lawyer and is that because you are in the process already? WOW.....

[InterprovincialParents]

My question is this, if you are dealing with a particularly difficult ex-partner, who drags you in and out of court for everything under the sun and refuses to negotiate on anything outside court, is there anything you can do to maintain/manage the accumulating debt?

Self-represent??

On a side note, this amount could reflect the complexity, and the cost of assessments ordered or requested, specialists involved, amount of testimony or evidence, etc.

[InterprovincialParents]

Another option is to complete all required paperwork, file everything yourself, and merely hire lawyer to represent at trial, which some people can agree upon with their counsel.

[Nadia]

This is a contempt matter set for a two day trial. No assessment ordered or specialists involved. Contempt can not be tested on affidavits alone, so the case has proceeded on to a trial.

We already have a final court order in place with decisions on access, custody and child support. But, just because you have a final court order doesn't mean you are done with the family court system and lawyers.

Can you self represent in a contempt trial?

[InterprovincialParents]

You can self represent in any family matter.

[InterprovincialParents]

Contempt proceedings are criminal or quasi-criminal in nature and require proof beyond a reasonable doubt, which can often take longer to a) prove or b) defend.

[rwm1273]

I would check with other lawyers, as their retainer fees often vary greatly.

I too was told by several different law firms that for them to take my case it would be the price of a mid size car for a retainer. Luckily I found a great lawyer who has been on my file for 4 years, and she took it because it was the right thing to do. I will always keep her as my lawyer, because I know that my ex will take advantage at anytime she thinks I am vulnerable, and I know she would try to do an ex parte order the second I no longer have representation.

I also have helped many others represent themselves. It is possible to represent yourself, and some are very good at it, after all nobody knows your issues better than you. It is also possible to do all the legal documents yourself, and just use a lawyer to actually represent you in court. Not all lawyers will do this, and I'm not sure if you will get the best results this way.

[logicalvelocity]

Nadia,

What is the alleged breach?

[logicalvelocity]

I believe you mentioned before that joint custodial orders in place. What I'm getting at is -- I think you would have an easier time with a variance on the final custody order rather than contempt if you can demonstrate the material change and why the current orders are not working out for your child.

[Nadia]

The alleged breach ranges from being late by 13 minutes in dropping off the children, to (my alleged) miss-prounciation of our son's name.

Yes, contempt is quasi-criminal and is taken very seriously by the court.
The onus is on the person making the charge to prove that a) a breach has occured and b) that it was done intentionally,

[logicalvelocity]

What was their reason for being 13 minutes late?

Traffic jam - bad weather - they had to pull over and make a cell phone call while the child was in the car... your child had to use the washroom while in transit...they themselves had a case of the runs and they had to use the restroom while in transit...they had car trouble.

They could have any number of valid reasons for tardiness.

[Deputy Daddy]

What was their reason for being 13 minutes late?

Traffic jam - bad weather - they had to pull over and make a cell phone call while the child was in the car... your child had to use the washroom while in transit...they themselves had a case of the runs and they had to use the restroom while in transit...they had car trouble.

They could have any number of valid reasons for tardiness.

I think it was the OP that was 13 minutes late with a drop-off, but either way your response is valid. If that really is all your ex has he'll get slapped silly by a judge.

DD

[dadtotheend]

There's no way those frivolous breaches are going to make it to a trial. At the trial management or exit pre-trial conference the judge will stare down the other side and let them know in no uncertain terms what a waste of the court's time that trial will be and that if they choose to proceed they will lose and be saddled with your costs.

[Nadia]

Hi DTTE,

We had the pre-trial management conference and the Judge said exactly that.

He was also informed that should he proceed with his contempt motion the opposing party will have leave to have him charged with being a vexatious litigant. (This was part of the court endorsement in writing)

So, it might be worth while just to go through the trial itself if the conclusion is that 1) no contempt occured and 2) the moving party should be labelled as a vexatious litigant.

At least that way, he will need to seek leave before he can return to court again.

Just need to spend more time preparing court papers, affidavits etc and if I choose to have someone represent me, lots of money or credit debt.