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LF32 "need to see daughter" pt.2

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  • #31
    If anyone's looking for a good read:

    http://www.insead.edu/facultyresearc....cfm?did=50114

    Or how it ties in to false allegations of DV: I very much enjoyed this read:

    http://home.earthlink.net/~elnunes/pas.htm

    (especially: False Allegations of Abuse and Edited Testimony)
    Last edited by LovingFather32; 06-25-2014, 01:24 PM.

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    • #32
      Just as expected. No disclosure by his end date and all disclosure by me. This is getting tiresome.
      Last edited by LovingFather32; 06-25-2014, 04:17 PM.

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      • #33
        Wham Bam ty Ma'am for 150 buck, it's cost effective sorta if the motions are short (hour and a half).

        Is she filing the Representation Form? as your lawyer?

        That would mean, lawyers talk to themselves (and usually bill you for it)

        No trial is 150 bucks with a 500 dollar retainer.

        it's very hard to sit queitly during Court and watch a lawyer stumble over the facts

        Some lawyers give the discout if the client does all the legwork.

        This girl lawyer could make more with a lot less grief working at McDonalds for a day....curious.

        There is no peace of mind if you hand your file over, you'll always want to chat with her about items. and getting ahold of her 24/7 isn't possible.

        She sounds smart though on this Motion and has some good advise. (the ocl snag being one of them.)

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        • #34
          Yea I thought the same thing. Or she can charge me $150.00 until the day I die at 80 years old, in which case she's making more than the guy charging $300/hour/$3,000 retainer for a few months to a year.

          She said: send your info, We'll have a meeting about it. She'll see if its too complicated to get involved in and discuss $$ more. The perhaps will fill out the "representation form".

          Do I send ex's lawyer motion dates in the meantime? Couldn't reach OCL. I got the name of the person handling my case but Voice mail all day. Exs lawyer needs to know Im ready to rock and roll. Then again, he'll receive the hair follicle with 50/50 interim offer in his mail tomorrow or Friday.

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          • #35
            Originally posted by LovingFather32 View Post
            Yea I thought the same thing. Or she can charge me $150.00 until the day I die at 80 years old, in which case she's making more than the guy charging $300/hour/$3,000 retainer for a few months to a year.

            She said: send your info, We'll have a meeting about it. She'll see if its too complicated to get involved in and discuss $$ more. The perhaps will fill out the "representation form".

            Do I send ex's lawyer motion dates in the meantime? Couldn't reach OCL. I got the name of the person handling my case but Voice mail all day. Exs lawyer needs to know Im ready to rock and roll. Then again, he'll receive the hair follicle with 50/50 interim offer in his mail tomorrow or Friday.
            I'm guessing you didn't receive your Rule 19 affidavit today.

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            • #36
              Originally posted by FB_ View Post
              I'm guessing you didn't receive your Rule 19 affidavit today.
              Nope. Pisses me off. He follows no rules. Remember, sent an e-mail June 11th, saying all doc's will basically be striked from record, etc if we didn't receive them in 10 days pursuant to Rule 19. So....is his evidence garbage now that he says screw the rules? Doubt it. What kind of slimy lawyer loophole is there now?

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              • #37
                Originally posted by LovingFather32 View Post
                Nope. Pisses me off. He follows no rules. Remember, sent an e-mail June 11th, saying all doc's will basically be striked from record, etc if we didn't receive them in 10 days pursuant to Rule 19. So....is his evidence garbage now that he says screw the rules? Doubt it. What kind of slimy lawyer loophole is there now?
                I wouldn't send yours.

                Forget about all this and meet that lawyer.

                Have you sent your drug test yet?

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                • #38
                  Too late for me not to send mine in. I work in morning, visit with D3 for 3 hours (unless they make it 1) and race back to work. Tomorrow was my due date and I thought since he formally asked on the 12th that I was in doo doo if I didn't. Once again he's one up on me. He didn't bother sending anything.
                  Hair follicle should be there tomorrow or fri.

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                  • #39
                    If she's agreeable to help you "on the side" that would be nice. Expect complicated.

                    She's already given you the OCL heads up, and how to frame interim, interim, access.

                    Being "above board" and earnest about settlement means "noting in a future brief that the Lawyer" isn't "earnest by not sending his Affidavit of Documents....and you look great for carrying out your end.

                    One of the "exhibits" people attach to court documents is a Copy of the table of contents of the Continuing Record. Everything you did and everything the lawyer didn't do is there.

                    I can't remember if affidavit of doc's is swore served filed in Record or not but the Form 20 is there (under Form 20)

                    Your Court File is pulled anyways for the Judge, a day or so before any Court appearance. But the more info you have in your filings (without overdoing it) the less he has to look for and the more he just reads your filing.

                    Just like including endorsements.....there's a number of binders related to your Court File one is the Endorsement Binder (I think it's yellow)... if you include the endorsements in your briefs the Judge doesn't have to refer to that binder).

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                    • #40
                      Originally posted by MrToronto View Post
                      If she's agreeable to help you "on the side" that would be nice. Expect complicated.

                      She's already given you the OCL heads up, and how to frame interim, interim, access.

                      Being "above board" and earnest about settlement means "noting in a future brief that the Lawyer" isn't "earnest by not sending his Affidavit of Documents....and you look great for carrying out your end.

                      One of the "exhibits" people attach to court documents is a Copy of the table of contents of the Continuing Record. Everything you did and everything the lawyer didn't do is there.

                      I can't remember if affidavit of doc's is swore served filed in Record or not but the Form 20 is there (under Form 20)

                      Your Court File is pulled anyways for the Judge, a day or so before any Court appearance. But the more info you have in your filings (without overdoing it) the less he has to look for and the more he just reads your filing.

                      Just like including endorsements.....there's a number of binders related to your Court File one is the Endorsement Binder (I think it's yellow)... if you include the endorsements in your briefs the Judge doesn't have to refer to that binder).
                      You should see the TOC. She didn't even do her Mandatory Information Program (MIP) which I thought to be .. well .. mandatory. Form 20 sticks out nicely in there. Motion to file late (he wouldn't even consent to that). I like the idea of putting endorsements in and TOC in.

                      Mr. T. The more I think about the psychology of his previous e-mail, the more I think his case may be hurting (I think). He's scared that drugs/alcohol can no longer be used. He knows a recording (trying to recall a time I yelled even .. never .. just normal bickering between the TWO of us) wont hold much weight .. so whats he left with? Riling me up seems like his last line of defense. Of course he'll go ape sh&^ once he see hair follicle was only a 5 panel drug test .. that'll be his next 3 weeks of rant e-mails (alcohol). I enjoy the way I responded to his last one though.

                      Regarding the lawyer. It was the free consult lawyer that gave me all he OCL insight. The lawyer I'm pondering has but only warned me that ex's lawyers a hot shot, she's been to his seminar's and I'll need help. I know my case inside out. I have the facts. My problem is the little loopholes .. the things I missed at the CC, etc. All I know is he has to look bad this far right? Ive been calm as a cucumber fir 5 months, drug free, weekly urine tests, at home making access calendars, politely asking to see our daughter. Being child-focused and in settlement mode from day one. They've been mud-slinging rootin tootin cowboys out for bloody war, ignoring any instance of positive communication, settlement and being blatant bullies. Judges are intelligent individuals .. they'll see this right?
                      And quite frankly I cant wait to see the OCL. I want to talk to them. Show them who I am, let them see D3 with me. I look forward to that actually.
                      Last edited by LovingFather32; 06-25-2014, 10:47 PM.

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                      • #41
                        The ex's lawyer has one problem and that is you have rights that have been put on hold for a little bit, make no mistake, unless you give up your rights (which in most cases people do) by plea bargaining in actual domestic assaults or just settling to avoid conflict or too move on. YOUR basic rights are still in tack.

                        This is why he looks like a hot shot by taking easy win Domestic Violence cases...and he probably only takes women's (no offense all victims seem to be one gender) easy slam dunk stuff.

                        SO the next benefit to you is the Judicial Process that has to be fair, you can't get a hot shot GOV lawyer like your ex , so a Judge is going to bend over backwards, to make sure it is fair for you.

                        Your going to be helping the Judge by sticking to facts, be all business, and try to correctly follow court forms and procedures and most of all appearance earnestness and honesty.

                        The third thing you got is your set up to pay with the FRO although it's unclear how much....BUT YOU PAY BECAUSE THE MONEY IS FOR THE CHILD AND IT's YOUR RESPONDSIBILY AS DAD. How does that look in Court when a guys fulfilling his obligation by paying yet still not seeing his child....terrible that's how it looks.

                        You could of tore off into the Court Jungle and learned nothing but grief but you listened and learned patience (the lawyers worst enemy). Not only that your learning the process, how it works.

                        That victim thing you posted is so true, the ex is miserable and miserable people like being miserable because it gives them somebody to blame and gives them a sense of entitlement.

                        Your ex is never going to change, your going to need the Courts for some time even after this, it's best you learn it.

                        There's lots of us here that have all our old Court stuff still in boxes 15 or 20 years after the hostilities ended....just in CASE....LMAO

                        Some people on this site are well aware of the almost yearly battles, with crazy ex's and even the high incomes ones gave up on lawyers or they'd be in the poorhouse.

                        Some think it's only one fight in Court to end the matter and spending 20 grand is wise. Maybe for a lucky few

                        When parties are in Court it's because everything has "broken down" and after the first run through " of the grinder" it becomes easier to go see DAD the Judge to make all the decisions...LMAO

                        That's why your ex is probably going to go there a lot as "a victim"

                        Make sure when this ends and there's a draft agreement being made up, you run it through a lawyer and make sure there's absolute clear TERMS if the ex screws up.

                        Keep being the patient polite smart boy scout for this matter (to drive the lawyer batty) and don't worry about the future stuff
                        Last edited by MrToronto; 06-25-2014, 11:47 PM.

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                        • #42
                          Do I send motion dates to get this rolling? OCL getting back to me and waiting on lawyer to get back to me. Lawyer may very well say its too complicated.

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                          • #43
                            I was thinking about this last night.

                            Do you think the reason you are only getting Thursdays is because she has already moved?

                            How far away would she be if she did leave already?

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                            • #44
                              Send motion dates?

                              1) or givng notice that your preparing to start one? (warnings cover your arse) (gives encouragement for the lawyer to do something)

                              and reminders
                              I trust you've recieved ...offer to settle ...drug test ....I await a response

                              I note the Form 20,sent to your office on (date) expired on (date) with no disclosure from your client

                              I hope your client is satisfied with my Affadvit Of Documents I supplied on (date).

                              The Affadavit of Documents from your client hasn't arrived to me yet, could you provide reason(s) why? The time for delivery expired on (date).

                              I'm in contact with the OCL office the OCL counsler is xxxxx

                              Mediation is the preferred choice, it's hopeful that your client at some point will agree to it.

                              Regards LF32

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                              • #45
                                Originally posted by FB_ View Post
                                I was thinking about this last night.

                                Do you think the reason you are only getting Thursdays is because she has already moved?

                                How far away would she be if she did leave already?
                                Yes, if she moved it would be about 2 hours away to another province.
                                D3 told me her playgroup was VERY far away. And yes I do believe she's moved away. But shes on Ontario Works. That cant be good. Shes got the system by the horns. But yes, I do believe shes relocated already.

                                Can I state in the e-mail that I have not given any consent for her to leave the jurisdiction nor relocate from the jurisdiction?
                                Last edited by LovingFather32; 06-26-2014, 10:49 AM.

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