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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-12-2010, 08:03 PM
Nadia Nadia is offline
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Default Going to Trial on contempt matter

We had our case conference this morning. Nothing much was achieved other then an order to proceed to trial. The Judge was presented with two conflicting affidavits and informed us that the only way to make a decision was to proceed to a trial.

Some background: My ex had me in court for allegedly being in contempt of the final court order. This is the third time in the last 14 months that he has brought a contempt motion before the court.

My lawyer, has recommended that a trial is the only way to go forward. It will "bring some finality" to the matter once and for all. The burden of proof will be on ex to provide evidence that I have intentionally not followed the court order. Which by the way I have.

However, the cost of a trial is high (especially now that ex is some $5,000 behind child/spousal support) and I am working part-time to make ends meet.

When FRO finally enforces the court order and we receive some money for CC and SS, all or much of it will be used to get us out of debt.

Has anyone else gone through a trial on a contempt matter? Were you able to
request costs? Does the trial ever end litigation? Or can one spend the rest of ones life in and out of court each and every time you are served with a motion?
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Old 01-16-2011, 11:10 PM
BurlingtonFamilyLaw BurlingtonFamilyLaw is offline
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You don't mention what kind of breach you are in, or how it would be proven.

But after the divorce trial, some people will not let it go, and 15 years later when kids are graduating high school the parents are still serving papers on each other.

Strategically, the way to stop his antics would be to have a trial, you win, then bring a motion to have him declared a vexatious litigant so he needs a judges' permission before starting anything new in court to waste your time.
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Old 01-17-2011, 01:04 AM
Nadia Nadia is offline
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The breaches - all 16 of them varied from mis-prouncing our son's name to dropping the children off ten minutes late to missing access because we were in the emergency room.

We went to trial in October last year. A three day trial where I had to hire legal representation.

Trial decision came through just before Christmas. The Judge made it clear that this case should never have gone to trial.

I was NOT found in contempt for any of the alleged breaches.

The opposing party was not labelled a vexatious litigant but was prohibited from bringing forward any further motions without first obtaining leave from the court.

Last week we received the cost endorsement from the Judge of $18,000 against the opposing party. Much of this will go towards paying legal fees incurred in securing representation for contempt matter.

I am just glad that it is all over.

Last edited by Nadia; 01-17-2011 at 01:11 AM.
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Old 01-17-2011, 08:39 PM
logicalvelocity logicalvelocity is offline
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Glad things worked out to your satisfaction Nadia.
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Old 01-20-2011, 06:19 AM
Nadia Nadia is offline
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Thank you logicalvelocity for all your help and support.

I also wanted to thank Dad to the End, Billie, Mess, and Tug of War.

Nadia
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Old 01-20-2011, 09:22 AM
Deputy Daddy Deputy Daddy is offline
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Quote:
Originally Posted by Nadia View Post
Does the trial ever end litigation? Or can one spend the rest of ones life in and out of court each and every time you are served with a motion?
I suspect an $18,000 costs judgment will answer this question.
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Old 01-20-2011, 10:13 AM
Nadia Nadia is offline
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I am not so sure. The opposing party is not the most rational and logical thinking person. Knowing him I anticipate it will not end. As he informed me outside the trial office when we picked up the decision, "all this means is that I have to get permission from the court first, it does not mean I can not file a motion/motions."

I for my part will be avoiding the courts/litigation like the plague. I did not want to be in court in the first place but was dragged in and out by him.

I guess only time will tell.
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Old 01-20-2011, 10:58 AM
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InterprovincialParents InterprovincialParents is offline
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The good news, Nadia, is that the court's permission is only given if the court feels there is merit to his case...it amounts to him unable to file anything without first having a justice hear his grounds...and more often than not, permission is withheld from these litigants.
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