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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #11  
Old 09-13-2018, 01:47 PM
kate331 kate331 is offline
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I feel your pain! My ex is happy to hide behind the woe is me, my ex is a pycho bitch, alienator and Fathers are doomed in court. Meanwhile I had to take him to court to get his access increased because he only wanted 2 nights a month and I was really struggling caring for them on my own. And it was like pulling teeth trying to get cs, before FRO was involved.

I dont think you can have legal custody of a 19 year old, they are an adult. Same with a 17 year old, by the time it gets to court that child will be an adult too.

I thought CAS's mandate were for children under the age of 16?

I dont think you can make it stop unless a Judge deems him a Vexatious Litigator. How many times has he filed a court action against you?
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  #12  
Old 09-13-2018, 03:06 PM
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Quote:
Originally Posted by kate331 View Post
I feel your pain! My ex is happy to hide behind the woe is me, my ex is a pycho bitch, alienator and Fathers are doomed in court. Meanwhile I had to take him to court to get his access increased because he only wanted 2 nights a month and I was really struggling caring for them on my own. And it was like pulling teeth trying to get cs, before FRO was involved.

I dont think you can have legal custody of a 19 year old, they are an adult. Same with a 17 year old, by the time it gets to court that child will be an adult too.

I thought CAS's mandate were for children under the age of 16?

I dont think you can make it stop unless a Judge deems him a Vexatious Litigator. How many times has he filed a court action against you?
No he canít have legal custody. The judge reminded him of that yesterday. And yes CAS is out of the picture. They have been since his time was reduced and he kicked the kids out of his house. Vexatious litigator has a high bar to set but heís almost there. Iím going include during the process the request that he must petition the courts prior to reinitiating any further litigation with me in th future. But I need this garbage addressed first. Iím sorry you are going through this too.
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  #13  
Old 09-13-2018, 03:14 PM
kate331 kate331 is offline
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I hope you are asking for costs along the way. That may help stop him. Do you have a lawyer or are you doing this on your own?
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  #14  
Old 09-13-2018, 03:48 PM
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I wonder if you can request he pay his arrears in full before he files anything in the future. I think that has been used as a deterrent.

Heís only doing it to upset you. As long as you donít let him think it bothers you, it may reduce his enjoyment.

My partners ex is making him spend money. She knows shes not entitled to anything but loves knowing he has to pay a lawyer. Its a sick twisted game to them.
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  #15  
Old 09-13-2018, 06:10 PM
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I believe WorkingDad had an order like that, was either costs or arrears needed to be paid before any further motions could be filed.
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  #16  
Old 09-13-2018, 10:56 PM
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Sorry to hear of your nightmare. I have a litigation-happy ex who takes me to court (thanks to the g/f who fills out all that paperwork because he is much too lazy to do it) every year just like clockwork. Sometimes 2 x/year.

Moving to another province didn't deter my ex. The move frustrates him as he has to go through interjurisdictional process now.

He loses each and every time. Yes I have requested, time and time again, that arrears be paid before he be allowed to file but after over a dozen appearances in court I haven't received that.

Past three judges called him dishonest and cited in their decisions all of his lies. Problem is, he somehow gets a judge in his province to take pity on him and they don't bother to check the file (which is so huge that it is on a cart).

Well ... it's September and I haven't been served yet.

In your case your children are of age (as others have said) to decide where they want to live. You have an order for arrears which is being enforced. That is a very good thing. Many people don't have that.

Get a new cell phone and refuse to communicate with him and his skank. You have to be strong about that and don't deviate. Don't discuss things with your children.

Moving is a very good option - I highly recommend it.
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  #17  
Old 09-16-2018, 01:11 AM
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Quote:
Originally Posted by rockscan View Post
I wonder if you can request he pay his arrears in full before he files anything in the future. I think that has been used as a deterrent.

Heís only doing it to upset you. As long as you donít let him think it bothers you, it may reduce his enjoyment.

My partners ex is making him spend money. She knows shes not entitled to anything but loves knowing he has to pay a lawyer. Its a sick twisted game to them.
We have to go through the courts but I, hoping to file so he must petition the court before being granted permission to refine anything and start a new process.
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  #18  
Old 09-16-2018, 01:12 AM
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I hope you are asking for costs along the way. That may help stop him. Do you have a lawyer or are you doing this on your own?
Yes. He had to pay costs last time and will again this time. In the meanwhile I pay out. Yes I have a lawyer.
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  #19  
Old 09-16-2018, 01:13 AM
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Quote:
Originally Posted by arabian View Post
Sorry to hear of your nightmare. I have a litigation-happy ex who takes me to court (thanks to the g/f who fills out all that paperwork because he is much too lazy to do it) every year just like clockwork. Sometimes 2 x/year.

Moving to another province didn't deter my ex. The move frustrates him as he has to go through interjurisdictional process now.

He loses each and every time. Yes I have requested, time and time again, that arrears be paid before he be allowed to file but after over a dozen appearances in court I haven't received that.

Past three judges called him dishonest and cited in their decisions all of his lies. Problem is, he somehow gets a judge in his province to take pity on him and they don't bother to check the file (which is so huge that it is on a cart).

Well ... it's September and I haven't been served yet.

In your case your children are of age (as others have said) to decide where they want to live. You have an order for arrears which is being enforced. That is a very good thing. Many people don't have that.

Get a new cell phone and refuse to communicate with him and his skank. You have to be strong about that and don't deviate. Don't discuss things with your children.

Moving is a very good option - I highly recommend it.
He doesnít communicate with me. He does it all through my lawyer.
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  #20  
Old 09-16-2018, 08:32 AM
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^great... he's racking up your legal bill. That's something i endured for years when my ex was either not represented by counsel or represented by an incompetent lawyer.

If you are getting feedback from CC judge that he has no case then one would think that you proceed to summary judgement?

I believe the vexatious litigant process would require you to file your own motion.

I just heard via my adult son that his father is going to take me to court again. My ex waits the 6 months from last Order before he files a new one. This is what his g/f lives for. So I expect things to get going again in December or January. Then it takes 3 months before I am served and so on. I am able to cut and paste from previous years' case.

I was divorced in 2010 and ex has been keeping me in litigation since that time.

I expect it to continue on indefinitely. It is what it is.
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