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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 09-16-2021, 12:13 AM
bubbly_snowflake bubbly_snowflake is offline
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Default Any advice or experience?

Hi all, currently in litigation with settlement conference coming up. Other parent has not agreed for me to have any access to child and child does not want to talk nor want to see me.

I know the conference will not resolve anything but once trial begins, this will be huge financial risk. If I had the unlimited funds this would not be an issue but I have other financial responsibilities that I can not neglect.

My worry is even if there is a court order, the other parent will not encourage the child to have the scheduled visits or the child will just continue to not want to talk nor see me.

Has anyone experienced what I am going through, what was it like, how much did it cost, etc.?
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  #2  
Old 09-16-2021, 08:26 AM
rockscan rockscan is offline
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How old is the child. If they are over 13 it may be a waste of time.

If they are younger, you could get an order and attend reunification therapy.
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Old 09-16-2021, 10:15 AM
Brampton33 Brampton33 is offline
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I would argue that even at 13 the parenting schedule should be maintained. At Age 15/16 is when I would suggest things can let go where kid is fairly autonomous.

At Age 13, your child should want to spend time with you and look forward to it. If they don't, then it could be they've been exposed to grooming, manipulation, and/or non-promotion of the relationship. I would suggest joint counseling to get to root of issue.
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Old 09-16-2021, 01:18 PM
bubbly_snowflake bubbly_snowflake is offline
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Reunification therapy was ordered - did not work as child does not want to have a relationship. Child is 7 years old and clearly under the influence. Other parent does not enforce or encourage the relationship.


What would the cost for trial be?
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Old 09-16-2021, 02:04 PM
Brampton33 Brampton33 is offline
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Try a different therapist.

Cost of trial depends on # of days and cost of lawyer. For every 1 hour in court there is 2 hours of prep time associated with it. Not to mention all of the court appearances leading up to a trial (CC, SC, TMC, etc.). Over $50k-$75k is almost a certainty.
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Old 09-16-2021, 03:42 PM
rockscan rockscan is offline
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Have you sent letters where you outline that you expect the other parent to adhere to the parenting time schedule and that you will be there to collect child at the designated time?

You should keep doing this and also point out that they are obligated to encourage and facilitate the time as the child is not old enough to make these decisions. Also note that should this continue you may be forced to amend your application before the court to change custody due to the refusal to provide time.
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  #7  
Old 09-16-2021, 10:09 PM
bubbly_snowflake bubbly_snowflake is offline
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Letters are refused or ignored by the other parent. So if the trial happens it will be probably 30 to 50K. Would legal aid cover the cost of trial as I could qualify?
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Old 09-17-2021, 08:44 AM
Brampton33 Brampton33 is offline
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Quote:
Originally Posted by bubbly_snowflake View Post
Letters are refused or ignored by the other parent.
Letters are a waste of time and more importantly, money. I WISH I had known that before entering my separation, as I would meet with lawyer, work with them to craft a nice firm letter, for it to mean absolutely nothing. Bye Bye $1000 and 2 months of time. To all those reading this thread, be very careful not to waste money on having your lawyer write letters to the other side. Most often they get crumpled up and trashed.
Quote:
Originally Posted by bubbly_snowflake View Post
So if the trial happens it will be probably 30 to 50K.
At minimum $50k, if not more. This all depends on the # of days required for trial and the number of witnesses called. However, don't forget about all the fees LEADING up to trial. You have a CC, at least one SC (if not more) and then a TMC. Judges don't automatically put you on a trial list either. You might spin your wheels in the SC realm for a few years. Don't count on a trial. Its always better to avoid trial. Remember, nobody wins in a settlement. You will walk away thinking you gave up on X that you should have gotten, and your ex will walk away feeling the same.
Quote:
Originally Posted by bubbly_snowflake View Post
Would legal aid cover the cost of trial as I could qualify?[/QUOTE]
Don't count on legal aid for a trial. As much as LA lawyers may try to huff and puff, it is LA's mandate to resolve cases without trial. An LA lawyer would need clearance from the Director level at LA to push for trial. All efforts are made at LA to settle rather than use up tax dollars in a trial.
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Old 09-17-2021, 09:54 AM
rockscan rockscan is offline
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Letters are documentation that the other side ignored. They are useful in court to show you were ignored.
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  #10  
Old 09-19-2021, 08:51 AM
bubbly_snowflake bubbly_snowflake is offline
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Thanks to both of you. Question on therapy. Any suggestions for one in Ontario. The only issue that I have is that other parent would not agree to ab opened therapist vs a closed one which would be useful for trial if it goes to this point.
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