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  • #16
    Originally posted by Janus View Post
    Of course it would, why do you think the bar association was against the reform?
    The game is rigged for the legal profession to declare that they protect the public interests whilst all too often fleecing families, creating and then fuelling conflict and then wrapping themselves in the mantle of justice and advocacy.

    Where is my barf bucket. Do not forget the high percentage of lawyers in all levels of the legislative, executive and judicial branches of our supposedly represented democracy. Independence? Objectivity? Conflict of interest?

    The rich WILL prevail in the vast majority of public policy matters.

    The children almost always lose by association in pecuniary, non-pecuniary and mainly emotional impact. How many education funds get hoovered away to the law firm coffers? Ugh

    Family law is mainly a cash cow for the legal industry.

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    • #17
      Originally posted by Janus View Post
      Of course it would, why do you think the bar association was against the reform?
      The reality is that 60% of litigants are self-repped because they got wiped out in Round 1. I've been in court some days and there was no lawyer to be found because everyone was self-repped.

      Originally posted by Janus View Post
      Woman's groups were against it as well because, just possibly, family law is not gender neutral.
      It is not the 1970's. The reality is that men are fed up with the system. If you have kids and separate, the dad is stuck paying as much as 1/2 his pay to his ex. Can't afford to have a house or do stuff with the kids. Then when the kids get older, they say they want to live with mom because she benefited from years of subsidized living. Too many instances of dads living in apartments while mom out for vacations to Disney.

      Originally posted by Janus View Post
      Almost 100% of the arguments ignored the fact that it was a rebuttable presumption. Family violence? Well, presumption no longer applies. One parent spends half the year in Brazil? Presumption no longer applies.
      Fully agree with all of this. I was simply the Respondent to a court application. Simply rebutting crazy allegations. Family violence? Prove it. Again, saying "He yelled at me when we argued, but no, I've never seen him yell at kids" is not plausible argument. Judges need to shut that crap down. Pure baseless speculation. And yes, moving to Brazil is a non-starter for 50/50, but if you live in same city, why should one parent be EOW? Seeing kids on 2 weekends per MONTH. That is just sad for the kids. This way of thinking is presumed that dad will work 15 hour shifts to keep up with supports...

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      • #18
        You know what drives me bonkers about everyone complaining in this thread? Actually just LD- YOU married the person. You had children with this person. And both parents are responsible for the breakdown in the marriage in most cases. It's both of your responsibility to get the fuck out of the system.

        Stop expecting family law and the court system to save you. The court system does not save you. It does not save your relationship with your children- you do that.

        Do you think Bill C-78 did anything to actually help victims of intimate partner violence? Lol. No. Financial abuse? lol. Try proving that.

        There are resources out there if you look. I have a good friend who started a support group for single fathers looking to increase access- and most of the men he's helped have no funds for litigation- they do it in other ways. Help with finding free resources such as parenting courses.

        But I mean, sure- proceed with the rant.
        Last edited by iona6656; 03-10-2020, 01:30 PM.

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        • #19
          Originally posted by iona6656 View Post
          You know what drives me bonkers about everyone complaining in this thread? Actually just LD-

          Stop expecting family law and the court system to save you. The court system does not save you.

          But I mean, sure- proceed with the rant.

          Thank god you’re here.

          You know what’s really good for unnecessary worry, anxiety, stress and ranting? Therapy. Or medication. Or pot.

          Hell, go buy a 5000 piece puzzle and every time you think about ranting, do 100 pieces of it.

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          • #20
            Originally posted by iona6656 View Post
            You know what drives me bonkers about everyone complaining in this thread? Actually just LD- YOU married the person. You had children with this person.
            You are right. I had children with this person where we BOTH made the children. And if wifey were a grown up, and took the attitude that the kids should be allowed to both be with mom and dad, that would have saved a needless court battle where the sensible and reasonable outcome prevailed. But no, she had to be told by judges, lawyers, the OCL, etc that kids deserve to spend time with both parents. She looked at the kids and said "MINE!". But you are right, I married a nut. I knew she had it in her, and still married her.

            Originally posted by iona6656 View Post
            It's both of your responsibility to get the fuck out of the system.
            I never wanted to be in the system to begin with. But when your parents decide to fund your litigation, I had no choice but to lawyer up too.

            Originally posted by iona6656 View Post
            Stop expecting family law and the court system to save you. The court system does not save you.
            Agreed. It is a cesspool where only lawyers win. However the court system should not entertain bullcrap. I bet 80% of the cases out there are entitled ex spouses who want children for themselves and maximize profits from supports from the opposing parent. Family law won't save me.....family law ruins me. As mentioned in previous posts. It should be 50/50 parenting, unless serious reasons not to have it, such as distance or neglect of the kids. Otherwise, parents just need to learn to share. Period. And once you have 50/50, there is no going back unless there is good reason to, not because the sharing is cramping on the other parents' plans...

            Originally posted by iona6656 View Post
            There are resources out there if you look. I have a good friend who started a support group for single fathers
            Yes, and counseling helps. But even the counselors say my ex is out to lunch. And laws can be changed. You can introduce a Private Members Bill or speak with your MP and MPPs. Some people get hosed so badly by the system that people need to speak out rather than be quiet about it. [/QUOTE]

            Originally posted by iona6656 View Post
            But I mean, sure- proceed with the rant.
            Don't mind if I do :-)

            Comment


            • #21
              You can't fix crazy.
              You can't force someone to be reasonable.
              No judgement or ruling can change a personality.
              No agreement can force someone to actually read it and apply it to protect their kids from conflict and to be fair so their kids are further protected.
              Divorce is by it's nature adversarial enough without fanning the flames or worse setting the fire and pouring gas on it constantly.
              The law is far too often used as a sword and not as a shield for the children.
              All agreements should be aimed first at shielding kids from poison.
              And to be fair to all.
              These are contracts that are like any contract set out to do things and to prevent other things.
              Statute is supposed to also provide relief whether injunctive or specific performance.
              Lawyer have forgotten this. It should be a solemn oath for all in the profession.

              Comment


              • #22
                Originally posted by LovingDad1234 View Post
                System is messed up. A litigant can lose at trial and turn around the next dat and file a MTC and roll the dice, and keep rolling the dice till they get the right judge. Should be a 5 year ban unless something extremely drastic occurs, such as one parent moves 200 km away
                No they cannot.

                Read the family law rules. You need to wait a minimum of 6 months before bringing a MTC after a Final Order is made.

                Secondly, if a MTC is brought, defended successfully, there will be cost consequences to the losing party. If those costs are unpaid, you can strike any future MTC the other party brings until such time as the costs are paid.

                Comment


                • #23
                  Originally posted by Knowledgeable-Wizard View Post
                  You need to wait a minimum of 6 months before bringing a MTC after a Final Order is made.
                  That is nothing. Especially after you spend tens of thousands dealing with an application and getting an order in place.

                  Originally posted by Knowledgeable-Wizard View Post
                  Secondly, if a MTC is brought, defended successfully, there will be cost consequences to the losing party.
                  So self-repped litigant files application for unreasonable custody/access, and Respondent spends 60,000 in legal fees because court system insists on Case Conferences and endless Settlement Conferences. You hash out an agreement and Court Order. Self-Repped Applicant doesn’t like agreement and waits 6 months to file MTC. But now, Respondent is forced to self-rep because they are out of money defending the original application. Costs will be minimal as you are now self-repped (and defending MTC without a lawyer!) and it’s not like you can ask for the money you lost in the original application. The MTC is simply an attempt to re-litigate the original application, without lawyers.

                  Comment


                  • #24
                    Originally posted by LovingDad1234 View Post
                    That is nothing. Especially after you spend tens of thousands dealing with an application and getting an order in place.







                    So self-repped litigant files application for unreasonable custody/access, and Respondent spends 60,000 in legal fees because court system insists on Case Conferences and endless Settlement Conferences. You hash out an agreement and Court Order. Self-Repped Applicant doesn’t like agreement and waits 6 months to file MTC. But now, Respondent is forced to self-rep because they are out of money defending the original application. Costs will be minimal as you are now self-repped (and defending MTC without a lawyer!) and it’s not like you can ask for the money you lost in the original application. The MTC is simply an attempt to re-litigate the original application, without lawyers.


                    As you’ve been told before, stop worrying about it. Another poster on here filed a motion to change six months after when there was an actual change and the judge threw it out. Many judges have the wherewithal to know stupidity when they see it and take appropriate action. Just as you have an unreasonable ex, the likelihood of having a smart judge is also high. Never underestimate the knowledge on the bench.

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                    • #25
                      Welcome to the Muskoka cottage fund for family lawyers

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                      • #26
                        Res judicata

                        I go through this at least 1 x a year. Still requires jumping through all the hoops and filing all the correct papers. I'm getting rather good at it now. I win every time. No material change and matter previously decided.

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                        • #27
                          Originally posted by arabian View Post
                          I go through this at least 1 x a year. Still requires jumping through all the hoops and filing all the correct papers. I'm getting rather good at it now.
                          That is exactly what I am trying to avoid. My ex will never understand how kids benefit from having a dad, and will never promote the relationship. She replaces dad with her own family members to fill the void. I want to move on with my life peacefully, and don't want to be in court on an annual basis like Arabian mentioned. Court was stressful enough the first time. As my post mentioned, there should be a stop gap. Unless I move to Brazil, or develop a drug habit, then there should be no ability to change the Order. Its the 5% of crazies that file on an annual basis that are clogging the court system because they simply don't get it or can't accept that kids can be with both parents.

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                          • #28
                            Arabians ex also has a mentally unstable gf who files the motions on his behalf. He pays a pretty high ss amount monthly due to stealing assets from their successful business and this is to pay her back what he stole. His filings are all based on his “illnesses”.

                            In your case your ex would need to prove a material change and that will be pretty difficult to do.

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                            • #29
                              https://www.justice.gc.ca/eng/rp-pr/...gu_a1/p13.html

                              From the horse's mouth

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                              • #30
                                Tayken posted a link to a YouTube video with regards to someone trying to rescind out of a court order, demonstrating that the bar is very high to change an Order. I can't seem to find the link....does anyone have it?

                                Comment

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