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  • Whose Child is he Anyway

    After a horrendously acrimonious relationship, 3 boys and a session in motion court representing mysefl, my wife's lawyer (who refused to deal with me because I was not a professional) continued to refuse access to any information or documentation. Our first appearance resulted in the Judge giving my 17 year old son reveiving 2 months to decide who he would live with, after that support awarded according to his decision. My wife's lawyer IMMEDIATAELY applied to FOR for suppport from me in her name. When the two nonth periods was over, my son decided to live on the family home (which my wife had been awarded rent free although there was no mortgage), I pay $700 rent plus $700 suppport per month although his real costs are closer to $400 giving her a nice little cottage industry bringing in tax free revenue of $300. I am tempted to offer him a new car, all expenses and other sweetners to decide to move out of Mom's, but have resisted. Since when was the Court the arbirtator of morality with no checks and balances. Why is my wife's lawyer allowed to apply to FRO and an order in place before the waiting period has expired and; should she recieve support far in excess of actual exponses altough she makes more money than I do. Is there any opportunity to appeal or is this a situation where I can cooerce him to decide n my favour to thwart support payments. Ibnelieve it woudl be in hisbest interest, it would save me money and the intent of the two month waiting period would be honoured. Is there any recouse? Can an opposibng lawyer be forced to answer questions, produce docuemntation,honour court orders or otherwise act in a professional manner or are people left up to their honour?

  • #2
    For your former spouse to apply to the FRO, there would have been a support deduction issued by the court. The courts send this to the FRO and the parties rarely see it. Check your continuing record and you will most likely likely see the judicial order in the endorsment section of the record.

    If you have problems with the other parties lawyer, you could always lay a complaint with the law society. They do have a code of ethics. This might not get you anywhere. Keep in mind that they might be using this strategy just to frustrate you.

    You can vary an interim order and appeal any final order. I think you have 30 days for the appeal of a final order once it has been issued formaly. I could be wrong.

    As far as following court orders, it is a serious offence for anyone to break a court order.

    If you are having a problem receiving relevent documentation, you can file a motion and ask for discovery. It will be up to the judge to grant the request or determine whether the documents and disclosure is subject to legal privledge.

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    • #3
      It’s almost impossible to appeal from a temporary order, particularly one about custody and access. I’ve got some more information about this here:
      http://www.ottawadivorce.com/appeal.htm


      The general philosophy is that if there’s a problem with the temporary order, that can be fixed at trial. The temporary order is really just intended to tide things over until trial or a final settlement.

      A 17-year old boy pretty much writes his own ticket as to where he lives (unless there are some serious issues). A judge generally won’t tell a child that age where to live.

      What sort of information or documentation are you looking for? Family law encourages full disclosure of most documents so long as they are relevant. You should be able to deal with this at a case conference or motion (depending on how complex the issues are). Make sure your requests are all in writing.

      Your ex would have the right to receive child support if your 17-year old son is living with her, regardless of what any court order said about his residence. And court orders automatically go through the Family Responsibility Office unless the support recipient agrees with the payor to withdraw from this.
      Ottawa Divorce

      Comment

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