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-   -   Judge said: come back and see me... (https://www.ottawadivorce.com/forum/showthread.php?t=9059)

BitHunter 04-16-2011 07:47 PM

OK, I didn't know about this but I recorded the whole conference. Even showed the recorder to the judge, (just showing her that it is what I'm using to record the whole access with my daughter to avoid further false accusations) and she didn't say anything if it is approved or not.
But pretty much doesn't matter what she said it seems, my ex's f*cking lawyer screwed us up badly. If it goes like this for a year, by the time it ends my daughter will be a nerve wreck thanks for this "justice system".:(

holdthemaccountable 04-16-2011 08:14 PM

The Chief Justice of Ontario said....

"the unobtrusive use of a recording device from the body of the courtroom by a party acting in person... may be considered as being approved without an oral or written application to the presiding judge.”

Howland clarified what section 136(2b) meant. That is Howland pointed out that you have the right to audio record (if you are self represented) however the manner in which you carry out your right is subject to the Judge approving the manner. He/she cannot deny you the right to audio record he can however set the manner in which it is done. This is very reasonable. That is if you start to use large boom microphones to record matters this manner of audio recording obviously will not be permitted. You have to do it in an unobtrusive manner. You have the right to record but the judge has to approve the manner.

Howland also pointed this out he said "The unobtrusive use of a recording device may be considered as being approved."

Any comments

This is all just my opinion and should not be construed as legal advice.

BitHunter 04-16-2011 08:36 PM

Thanks, but please don't screw up my thread. In my own experience the judge last Monday didn't care if I recorded the whole conference or not. It is just completely worthless.

LostFather 04-16-2011 09:53 PM

Quote:

Originally Posted by holdthemaccountable (Post 64761)
The Chief Justice of Ontario said....

"the unobtrusive use of a recording device from the body of the courtroom by a party acting in person... may be considered as being approved without an oral or written application to the presiding judge.”

Howland clarified what section 136(2b) meant. That is Howland pointed out that you have the right to audio record (if you are self represented) however the manner in which you carry out your right is subject to the Judge approving the manner. He/she cannot deny you the right to audio record he can however set the manner in which it is done. This is very reasonable. That is if you start to use large boom microphones to record matters this manner of audio recording obviously will not be permitted. You have to do it in an unobtrusive manner. You have the right to record but the judge has to approve the manner.

Howland also pointed this out he said "The unobtrusive use of a recording device may be considered as being approved."

Any comments

This is all just my opinion and should not be construed as legal advice.

I agree with your posting. I would also like to see the.case law surrounding that issue as I.am sure there is some. Just because there is written law....doesn't mean that there cant be policy of interpretations of that law...the recording is one...the most current is to allow. The other example is both parents are equal...which we dads often find out...as if this was the case then a lot of us wouldn't be hear lol.

LostFather 04-16-2011 09:57 PM

Quote:

Originally Posted by rszalai (Post 64765)
Thanks, but please don't screw up my thread. In my own experience the judge last Monday didn't care if I recorded the whole conference or not. It is just completely worthless.

If you're referring to the usefulness of recordings...then i disagree with you. As it has become very useful tool, when judges make inappropriate or biased comments...in some cases when you get your transcripts....they've magically didn't make it to print.

holdthemaccountable 04-16-2011 10:50 PM

Rszalai thank you for clarifying that you would like the issue you raised discussed and not be side tracked.

Do you have a court order? As an aside if you do not yet have a court order when you finally do obtain one make sure it has specific times in it. Words like reasonable access mean little.

You state you should have acces this weekend? If you bring an emergency motion why should you be entitled to spend time with your daughter? Do you have evidence that you have been requesting as such and she has constantly denied you? Do you have a court order? That is why would you win such a motion? If not then both of you have access to the child and my understanding is then you can just take her for both of you have the right to access her.

In summary what is your situation?

this is all just my opinion and should not be construed as legal advice.

BitHunter 04-17-2011 08:59 AM

The current temporary court order says I have 7 hours biweekly with my daughter. during the last access we agreed to have an overnight from Friday afternoon to Saturday afternoon. On the case conference last week the judge sad that this must be in place until our next case conf in June, but it is not written down anywhere. Then my ex just notified me that she gives us the 7 hour access not the overnight during the next access. So it seems even if I start a motion, I'm screwed. Even an emergency motion woudn't be held in 4 days until the long weekend starts, if I need the motion, and there is no other way to go back and see the judge who were residing on our case conf. That's why my question was what the "you come back and see me" meant what she said at the end of the case conf.

holdthemaccountable 04-17-2011 09:53 AM

What do you have in writing?

First thing on Monday morning I would write the opposing lawyer(ie send by fax, don't forget to get the fax confirmation and say"As you know during the last access, (put in dateXXXX) you had agreed that this weekend, Easter weekend, that my daughter would have overnight access with me, her father. Now just over a week before Easter, on (put in dateXXXXX) as per your fax, you have informed me that you are reneging on your word and harming my daughter by denying her the right to spend overnight with me during the Easter weekend. This is I believe mean spirted high handed behaviour on your part and I resent you using my daughter in such a despicable manner and as a pawn to harm me. I think your behaviour is disgusting.

Not only should my daughter be allowed to be raised by her father, especially during religious holidays but also as I am sure you would have been aware I had made plans for my daughter now these plans due to your reneging have been shattered for her. I do not appreciate you purposefully and knowingly harming my daughter in this manner and I believe the Judiciary will take a dim view of your actions. As you know I think it is in the best interest of my daughter that she has maximum contact with both her parents and as you know I still and continue to desire that this fundamental principal be upheld and that my daughter eventually start spending 1/2 the time with me and 1/2 the time with her mother. That is it is in her best interest that she be equally raised. Do not think that by your using such high handed tactics this will aid you in setting a permanent court order that wrongly restricts my being able to raise our daughter on an equal time basis."

You have to start to get stuff in writing!

As an aside I trust you know about the 40% rule? This rule is key to every single divorcing parent. Please tell me that you are aware of this so that I will refrain from going into details about it.

I would then contact the court clerk and ask how to do an emergency motion. I think its called ex-parte.

Of course this is all just my opinion for I am such making it up on the fly and have no idea what a person would do in such a circumstance and this in no way should be construed as legal advice or in fact any type of advice that should be listened to let alone read.


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