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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #1  
Old 12-16-2021, 04:22 PM
Kkc Kkc is offline
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Hi,

So we had a motion and it didn't seem fair.

My city is relatively small and all the judges know all the lawyers. My lawyer is from out of town.

The judge walks in and the first thing he says:

"I deal with [HER LAWYER] on many files, in fact he requested me for this motion"

He then proceeded to not allow any oral arguments and agreed with her side's proposition.

I do not think a judge can a adjudicate a matter knowing he was hand picked by one side. Just doesn't seem fair to me
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Old 12-16-2021, 09:53 PM
rockscan rockscan is offline
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Was her proposition valid?

My husbands lawyer was from out of town and the judge went to university in our city. He made several references to our city including asking if a certain restaurant was still open. His ex lost the motion and she said it was because the judge liked our city. Truly it was because her motion was frivolous and without merit.
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Old 12-16-2021, 09:57 PM
Kkc Kkc is offline
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This is a little different

I take exception that her lawyer went through back doors at the court to get the lawyer he wanted
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Old 12-16-2021, 11:02 PM
Brampton33 Brampton33 is offline
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Quote:
Originally Posted by Kkc View Post
I take exception that her lawyer went through back doors at the court to get the lawyer he wanted
Its referred to in the field as "judge shopping". Some bitter litigants will continue to file motions to get out of an existing order until they finally land on the right judge, or get a judge on an off day.

My lawyer was pretty seasoned and was able to name off all the traits of each judge in our jurisdiction. I recall my lawyer telling me before each appearance:
"If it's Judge X, they tend to go this way"
"If you get Judge Y, they are lenient and tend to favour that approach"
"If you get Judge Z, they are harsh and angry and very by the book"
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Old 12-17-2021, 06:20 AM
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Yes exactly, so why else would he pick a certain judge
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Old 12-17-2021, 08:46 AM
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It could also be because some judges fuck up stuff. A friend thought he was going to have Pazaratz but it ended up being another judge who does not normally handle post secondary. That judge fucked everything up and gave a terrible decision in the matter.

As terrible as it is to have them rule against you, having a hand picked judge may not be the reason it was decided that way. Im not saying that what happened wasnt wrong, Im simply saying that some judges wont be that bold especially when their decisions can be appealed.
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Old 12-17-2021, 08:50 AM
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I agree with your position on cases should be won on a merit

But if you know how a judge would lean and you go behind the scenes to pick him...
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Old 12-17-2021, 09:31 AM
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Yes but if your case is complicated would you not want to make sure the judge is knowledgeable on that info as opposed to someone who isnt? Kind of like getting a judge who is better at custody matters if thats your issue as opposed to one who is an expert in financial stuff.

The friend I referenced had a judge who was known for custody matters and did not understand post secondary, RESPs or support for a kid living away at home. He ended up losing about $2000 (possibly more) because the judge couldnt follow his ridiculously straight forward arguments. Meanwhile the three judges they had already had sided with him in all of their instructions to his ex.
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Old 12-17-2021, 09:36 AM
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Hard to say...

But, if you lawyer recommends appealing the order then I would recommend you follow your lawyer's advice. If you ask the lawyer if the decision should be appealed and they say no... then... no error in law was probably made.
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Old 12-17-2021, 10:28 AM
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The order was parenting covenants and therapy adjurned sine die
Section 30 to continue

So we can go back for therapy..I am getting supportive letters from 3rd parties
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