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From my previous threads you may know where I coming from But I will give you a brief history…My wife and I married in 1993, had a daughter in 2004, separated in 2011, my wife filed the case in family court in June 2011, she had a temporary custody from Sep. 2011 until Aug. 2012, OCL clinical investigation completed and recommended full custody to me.
The basis of the OCL recommendation was based on few things; one the investigation from Children Aid Society clearly stated physical discipline of my daughter by the Applicant; second leaving her in the casino hotel overnight alone; leaving her alone at home many times for many hours. The applicant (wife), consented on the OCL report in Sep. 2012, temporary custody order was issued based on the OCL and her consent to have the child live with me (Respondent). Case Settlement Conference was held in Dec. 2012. I offered and the presiding judge agreed to all the points to settle the case but the Applicant first agreed and then refused when the minutes of the settlement were drafted and presented in front of the judge. The Judge referred the case for trial of 5 days with 4 weeks sittings.
While in her care, my daughter missed 15 full days and being late for more than 33 times to school that year even though living less than 500 meters away from school. My daughter was kept in school in an after school care until 5:30 to finish her home work as the mother is not capable/qualified to help her in homework. My daughter grades were C & D and very few B.
While in my care since August 2012 until date, my daughter has been progressing tremendously well. She has successfully completed 5 belts in Martial Arts, completed level 5 swimming, and currently in semi-finals to be selected in the Schools Swimming team and running team. Her grades have improved from C&D and few B to all As and few Bs. This is all due to my daughter in full care of my mother who is a retired teacher. The Applicant even opposes that my daughter is in my mother’s care and I see my daughter for only few hours in a day. Please note I work 80 Km away from home and commute daily and live with my parents.
In Aug. 2011, the Applicant sold matrimonial house and kept the proceeding of more than $100k in her pocket while collecting social assistance and getting legal aid. She did not disclose and provided a copy of the Purchase and Selling agreement until Dec. 2012. The legal Aid cancelled her certificate. In Sep. 2013, she filed a notice of change of representation to represent herself in the court. I filed my notice to represent myself in the court for this family case as my lawyer asked me for a $25k retainer just to “FIGHT” for me in the trial.
The Applicant asked to resolve this case outside the court but with her terms i.e. Child Access & Support payments. She agreed to Child Access but did not agree to Spousal Support payments which is above my median range of my current salary. Just few days ago on the court purge date, she requested to have the trial adjourned because she does not have a lawyer. The justice asked me and I said this case has been in this court for almost three years and the Applicant is dragging this for no reason and I am ready for the trial. The Judge ordered her to submit all the documents i.e. Trial Record, financial disclosures, tax returns , pay stubs, efforts to seek employment etc. by end of this week. The trial is supposed to start next week i.e. first Monday of November. I also requested the Judge that I need to add witnesses and the Judge requested to have the list submitted by end of this week.
Now here are my questions that I need advice on:
· Should I be worried that I may lose custody of my daughter
· Shall I request Clinical Investigator from OCL, Children Aid Society Worker as a witness.
· Shall I ask for equalization of property even though she is claiming it was an investment property and she was the sole owner of it.
· If I can’t ask for equalization of property, can I ask her to provide the bases for the investment as where this investment came from because I know this is my heard earned money.
The basis of the OCL recommendation was based on few things; one the investigation from Children Aid Society clearly stated physical discipline of my daughter by the Applicant; second leaving her in the casino hotel overnight alone; leaving her alone at home many times for many hours. The applicant (wife), consented on the OCL report in Sep. 2012, temporary custody order was issued based on the OCL and her consent to have the child live with me (Respondent). Case Settlement Conference was held in Dec. 2012. I offered and the presiding judge agreed to all the points to settle the case but the Applicant first agreed and then refused when the minutes of the settlement were drafted and presented in front of the judge. The Judge referred the case for trial of 5 days with 4 weeks sittings.
While in her care, my daughter missed 15 full days and being late for more than 33 times to school that year even though living less than 500 meters away from school. My daughter was kept in school in an after school care until 5:30 to finish her home work as the mother is not capable/qualified to help her in homework. My daughter grades were C & D and very few B.
While in my care since August 2012 until date, my daughter has been progressing tremendously well. She has successfully completed 5 belts in Martial Arts, completed level 5 swimming, and currently in semi-finals to be selected in the Schools Swimming team and running team. Her grades have improved from C&D and few B to all As and few Bs. This is all due to my daughter in full care of my mother who is a retired teacher. The Applicant even opposes that my daughter is in my mother’s care and I see my daughter for only few hours in a day. Please note I work 80 Km away from home and commute daily and live with my parents.
In Aug. 2011, the Applicant sold matrimonial house and kept the proceeding of more than $100k in her pocket while collecting social assistance and getting legal aid. She did not disclose and provided a copy of the Purchase and Selling agreement until Dec. 2012. The legal Aid cancelled her certificate. In Sep. 2013, she filed a notice of change of representation to represent herself in the court. I filed my notice to represent myself in the court for this family case as my lawyer asked me for a $25k retainer just to “FIGHT” for me in the trial.
The Applicant asked to resolve this case outside the court but with her terms i.e. Child Access & Support payments. She agreed to Child Access but did not agree to Spousal Support payments which is above my median range of my current salary. Just few days ago on the court purge date, she requested to have the trial adjourned because she does not have a lawyer. The justice asked me and I said this case has been in this court for almost three years and the Applicant is dragging this for no reason and I am ready for the trial. The Judge ordered her to submit all the documents i.e. Trial Record, financial disclosures, tax returns , pay stubs, efforts to seek employment etc. by end of this week. The trial is supposed to start next week i.e. first Monday of November. I also requested the Judge that I need to add witnesses and the Judge requested to have the list submitted by end of this week.
Now here are my questions that I need advice on:
· Should I be worried that I may lose custody of my daughter
· Shall I request Clinical Investigator from OCL, Children Aid Society Worker as a witness.
· Shall I ask for equalization of property even though she is claiming it was an investment property and she was the sole owner of it.
· If I can’t ask for equalization of property, can I ask her to provide the bases for the investment as where this investment came from because I know this is my heard earned money.
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