Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
Thread Tools
  #1  
Old 07-05-2011, 10:20 PM
karmaseeker's Avatar
karmaseeker karmaseeker is offline
Senior Member
 
Join Date: Sep 2010
Location: Here :)
Posts: 470
karmaseeker is on a distinguished road
Post We are scratching our heads???

So our case conference is next week - we just got sent our copies of not only opposing brief but our reply brief that our lawyer put together. (She is the applicant applying for sole custody).

The difference between the two is night and day. Ours makes us realize why we pay a lawyer. It is organized, specific, clear, backs up arguments with evidence and looks very professional.

Theirs is vague, inaccurate, short, and they didn't even sign in the right places. Honestly I think my 11 year old could have done a better job. WTH?

I am kinda confused and unsure of what the tactic is here. I can't say as I understand of trust their lawyer but I can't figure out the move of presenting such a non effectual document.

Opinions???


Last edited by karmaseeker; 07-05-2011 at 10:24 PM.
  #2  
Old 07-05-2011, 10:25 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Sounds like my ex's documents.

Likely your ex told the lawyer to do as little as possible so as to avoid costs and wrote it all themselves. The lawyer just filed what they were given. The ex probably has no logical arguments anyway so the lawyer is going through the motions.
  #3  
Old 07-05-2011, 11:33 PM
karmaseeker's Avatar
karmaseeker karmaseeker is offline
Senior Member
 
Join Date: Sep 2010
Location: Here :)
Posts: 470
karmaseeker is on a distinguished road
Default

well you are right with a lack of logical arguements and you very well could be right that she wrote it herself.

It looks like she doesn't have representation at all. Which if she didn't might give her sympathy from the court but her lawyer is a senior very experienced lawyer compared to ours who is still eager to prove herself in her firm.

What will a judge make of this vastly differing presentation?

Does this work in our favour?

What happened with your situation Mess?
  #4  
Old 07-06-2011, 10:22 AM
staysingle staysingle is offline
Senior Member
 
Join Date: Mar 2011
Posts: 485
staysingle is on a distinguished road
Default

Karmaseeker,
I finished a 3 day custody trial recently. From start to finish it took 2.5 years of my time and over 200k in legal fees. I will offer you my observations and "what I would do a little differently" as I see applying to you.
1) She and her lawyer may be conserving cash till a trial, hence the sloppy work. Effective legal work is very costly. Furthermore, in my experience, the case conference was not worth the cost of my lawyer. Often very little happens at this point ( usually a judge tries to muscle the parties on some consensual points, if the other side doesn't want to "play" nothing happens at his point). The most important milestone with a case conference, out of the way, is parties are now free to let motions "fly".
2) With good skill your position can benefit from a case conference. I would think that if you can get a consent on your section 30 you won your conference. ( I got the other side to agree on consent for my section 30 at the case conference, albeit, I had to pay for it).
  #5  
Old 07-06-2011, 12:29 PM
karmaseeker's Avatar
karmaseeker karmaseeker is offline
Senior Member
 
Join Date: Sep 2010
Location: Here :)
Posts: 470
karmaseeker is on a distinguished road
Default

It is actually her that wants a section 30. We have offered everything under the sun to negotiate a fair access and custody arrangement but she is hell bent on ousting him out of their lives. We are not dealing with a rational human being.

We have said we will agree to a section 30 with a comple of provisions. 1. that is needs to be a psychologist not a social worker because we are not dealing with a mentally stable individual and 2. that there is an agreement to go with the results of the assessment so there is no trial. We have not heard back .

We realize this is a crap shoot but any order is better than none and the continual manipulations we and the kids endure.

I had another crying girl on my lap today not understanding why she can't be here more. All I could say is we are doing everything we can even though it may seem like to her we are doing nothing.

We are hoping for some resolutions in the case conference - I know not the big ones cause that rests on the assessment we are trying to push asap.

My biggest concern is that we get an order for the kids to be allowed to go back to their counsellor and that she is firmly instructed to stop scheduling activities in our time.


It just seems like if she is so concerned for the well being of the children she would present a very good argument instead of a lazy half assed document.

It just shows her ignorance and delusion that just because she is the mom the whole world is going to just give her what she wants. I really hope this is a rude awakening.

As soon as I get feeling something might work in our favour the hope is short lived.
  #6  
Old 07-06-2011, 09:51 PM
staysingle staysingle is offline
Senior Member
 
Join Date: Mar 2011
Posts: 485
staysingle is on a distinguished road
Default

Try and keep plodding along. I know it's brutally tough on you, your husband and the kids.

If you can get an MD for an assessor this may be the best route. An M.D. will likely be best suited to dx the ex's pd and perhaps a co morbid condition.
  #7  
Old 07-06-2011, 10:02 PM
karmaseeker's Avatar
karmaseeker karmaseeker is offline
Senior Member
 
Join Date: Sep 2010
Location: Here :)
Posts: 470
karmaseeker is on a distinguished road
Default

Thank you staysingle. It is good to have support through this.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



All times are GMT -4. The time now is 05:28 AM.