The Facts: (i have to give the facts so you know first)
My boyfriend has finally found a decent job (after months of searching) the pay is well and good and in that result he has been almost able to keep up with child support payments to his ex for his son. I say almost because two weeks ago due to a glitch in the computer software for work his pay was screwed up. Instead of a 1300.00 pay check he only got 200 deposited at which point one of his bills took their payment so the 100 he was to give his ex was not there. And also with this new job he is away from home alot (he has been home a total of 13 hours in the last 2 months) he has told his ex several times that this job will take him away from home alot. And he always calls 24 to 48 before (if possible) to tell her if he is going to be able to make it or not (as per the agreement she supposetly signed but has never given a copy back to him) he will be unable to see his son due to being called out to work. She said that was fine (for visitations) just as long as the payments were on time.
Well finally his pay is getting straighten out and he is receiving about 2400 this coming week (in 5 days). At which point he will pay his ex the one payment he missed plus the next one due. But his ex has now threaten him to take him to court. This girl has chosen to work and claim from Ontario works (not legal) she was to tell them she has a job and they would stop the assistant money but she hasnt. So everytime she runs short on money she threatens her ex, this in turn stresses him and i'm afraid its going to affect his work. He has told his boss several times that he needs atleast every other weekend off to be with his son but because work calls him out within hours of notice he can't control when he will be home. They are working on hiring new ppl so that this can be worked out but it will be several months.
An separation agreement (17 pages) was drawn up by a friend who is a paralegal in a law firm that does family law. She has done many agreements and this one was not special in any way just plain and simple laid out custody/access/visitation and child support issues. Which was totally equal to both parties. But when he gave her the 4 copies to sign with or without a lawyer she said she would get it back to him within the required 30 days. it has now been over a year and she has conviently misplaced them (has moved 3 times) now her arguement is she doesn't want just any law clerk (me) or paralegal doing this up and doesn't trust it and she will have her lawyer friend look at it but again that was many months ago. But yet she doesn't have the money to pay for a lawyer or has attempted to get legal help. Instead she forces him to sign her own hand written one page agreements by say she will take him to court or won't let him see his son if he doesn't sign it. He tells her this is coercion she says she don't care and to sign. He really wants to see his son so he feels he has no choice (as she has done the witholding before in the past). I have even offered to pay his support payments every now and even offered to pick up his son so that she can have time to herself on those schedule weekends but because i am the other gf and i am a law clerk she doesn't trust me.
Questions:
1. Because i am a law clerk (deal in real estate only), is it a conflict of interest if i help him prepare another agreement (the exact same one we have a copy on file) to give to her? He also wants a divorce and they require that one be filed since a child is involved.
2. Does she have any ability to force him to take time off work to take his child on his scheduled time? He is the head tech and he has a junior tech they are the only ones with in the Toronto to Montreal cooridor that are not unionized to do work and emgerency call out work on a moments notice. (they are getting new techs but hes afraid if he is forced to take time from work he may be fired).
3. How can he get a divorce if she won't sign an agreement or accept the divorce application.
My boyfriend has finally found a decent job (after months of searching) the pay is well and good and in that result he has been almost able to keep up with child support payments to his ex for his son. I say almost because two weeks ago due to a glitch in the computer software for work his pay was screwed up. Instead of a 1300.00 pay check he only got 200 deposited at which point one of his bills took their payment so the 100 he was to give his ex was not there. And also with this new job he is away from home alot (he has been home a total of 13 hours in the last 2 months) he has told his ex several times that this job will take him away from home alot. And he always calls 24 to 48 before (if possible) to tell her if he is going to be able to make it or not (as per the agreement she supposetly signed but has never given a copy back to him) he will be unable to see his son due to being called out to work. She said that was fine (for visitations) just as long as the payments were on time.
Well finally his pay is getting straighten out and he is receiving about 2400 this coming week (in 5 days). At which point he will pay his ex the one payment he missed plus the next one due. But his ex has now threaten him to take him to court. This girl has chosen to work and claim from Ontario works (not legal) she was to tell them she has a job and they would stop the assistant money but she hasnt. So everytime she runs short on money she threatens her ex, this in turn stresses him and i'm afraid its going to affect his work. He has told his boss several times that he needs atleast every other weekend off to be with his son but because work calls him out within hours of notice he can't control when he will be home. They are working on hiring new ppl so that this can be worked out but it will be several months.
An separation agreement (17 pages) was drawn up by a friend who is a paralegal in a law firm that does family law. She has done many agreements and this one was not special in any way just plain and simple laid out custody/access/visitation and child support issues. Which was totally equal to both parties. But when he gave her the 4 copies to sign with or without a lawyer she said she would get it back to him within the required 30 days. it has now been over a year and she has conviently misplaced them (has moved 3 times) now her arguement is she doesn't want just any law clerk (me) or paralegal doing this up and doesn't trust it and she will have her lawyer friend look at it but again that was many months ago. But yet she doesn't have the money to pay for a lawyer or has attempted to get legal help. Instead she forces him to sign her own hand written one page agreements by say she will take him to court or won't let him see his son if he doesn't sign it. He tells her this is coercion she says she don't care and to sign. He really wants to see his son so he feels he has no choice (as she has done the witholding before in the past). I have even offered to pay his support payments every now and even offered to pick up his son so that she can have time to herself on those schedule weekends but because i am the other gf and i am a law clerk she doesn't trust me.
Questions:
1. Because i am a law clerk (deal in real estate only), is it a conflict of interest if i help him prepare another agreement (the exact same one we have a copy on file) to give to her? He also wants a divorce and they require that one be filed since a child is involved.
2. Does she have any ability to force him to take time off work to take his child on his scheduled time? He is the head tech and he has a junior tech they are the only ones with in the Toronto to Montreal cooridor that are not unionized to do work and emgerency call out work on a moments notice. (they are getting new techs but hes afraid if he is forced to take time from work he may be fired).
3. How can he get a divorce if she won't sign an agreement or accept the divorce application.
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