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20 Months of Status Que and Judge Reduces my time...for no reason!!

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  • 20 Months of Status Que and Judge Reduces my time...for no reason!!

    As you know from my other post regarding a material change of circumstance I lost my job due to restructuring in Nov 06.
    Severance ran out Jan 07 and I've been on EI since.
    Last Thursday July 12th I was finally able to get in to court to have a motion heard regarding

    1) To have CS reduced to current level EI income which should be retro back to when I started EI (Ex was paid up till severance ran out and FRO is working to previous order of $1300 per month and has created arrears because I'm only taking home $1400 per month till now)

    2) To have monies held in trust from the sale of the Mat home ($17,000) applied to the joint debt (Ex has never contributed one dime since she left in Dec, 05)


    So here's the endorsement....

    Judge ordered that CS to be changed to new income level effective Aug 1, 2007, not back to when my income changed. Inturn ordered that ex is to be paid out of the net proceed to cover the shortfall during this period. I was being garnished by FRO for half my EI income not able to cover the previous order amount and Ex still gets paid for it.....I'm like your kidding me right?
    She's going to be paid out the majority of the money in trust and nothing gets applied to the joint debt....I'm still on the hook for it because she wont pay!

    Hang on it gets better....

    Ex lied on her Affidavit about a Police altercation....there wasn't one!
    Ex told the new day care provider to not give me the boys if I went to pick them up.
    So I showed up and likewise the new babysitter (first time meeting her) wouldn't give me the boys.....so I called the Police.
    Police showed I tell them what happened...there were no problems calmly talked to them explaining the situation and explained that there was not custody order but status quo has been the same for the past 20 months.
    Police talked to ex and they told me I could have the boys for the weekend...they jumped in my arms and left!
    So the ex puts on the reply affidavit that I was screaming and yelling using profane language....all a lie.
    And the police report can prove it was a lie but I couldn't get a copy of the report before the motion hearing...however the officer read me the report and final paragraph stated that there where no altercations during this matter and nothing posed to be a threat.
    When I read the officer her affidavit they where not impressed and are will to do an affidavit confirming that what she put in her affidavit is not true.
    The judge then listened to her lawyers pleas to take away my weeknight overnights with the boys as well as my Sunday night over night with the boys and endorses and order reducing my time with out any evidence...only ex's Affidavit

    I CANT BELIEVE THIS!.......THIS IS NOT JUSTICE! and the thing is the boy's want the time with me!
    IS THERE ANYTHING ANYONE CAN DO....THIS IS MY WORST NIGHTMARE!....
    I did nothing wrong....ex is just being a witch!

  • #2
    Chopper,

    Get the police notes and incident report. Enter them into the trial record.

    The orders in place are interim. Nothing final in family law. Have patience.

    By the way, an order obtained on fraud can be set aside.


    lv

    Comment


    • #3
      Fraud?

      LV...what do you mean by the fraud bit?
      I have this trial approaching in October....should I be doing something?...no lawyer...well I do kinda, He was my lawyer all along until I couldn't afford him anymore...but now after the endorsment last week friends and family are helping me at any financial cost in order to put things back to the way they were with my children and he's doing a motion because of improper notice with court documentation.....the thing is I'm not sure if he will be able to rep me for a trail because he has another trial and the very same time.....do you know if you can change the date for the trial? next step is for trial exit court.....what is that anyways?

      Comment


      • #4
        Order Obtained on Freud Need Help

        Please read my first post. Does anyone know of a case where one parent (the Mother) has lied in an Affidavit creating a situation where the judge would make a decision to interfere with the status quo taking time away from the other parent?.....Looks like I'm going to trial next week!
        Could really use some solid advice.
        Thank you in advance!

        Comment


        • #5
          Whats the issues for trial?

          lv

          Comment


          • #6
            Really need some help!

            I've been working with a lawyer that refuses to go on record and cannot represent me at trial.
            Trial Exit court was mid last week and adjourned until end last week, I'm assuming so the lawyers can put something together that the ex and I can agree to.
            My lawyer asked for the trial to be held over for the April trial sitting as I've started a new job. I'm not allowed to take any time off right now.
            Set out in a draft order we have an agreement on everything except for the fact the ex wants sole custody and I want joint.
            Now I have a letter in front of me from the other side that says they wont adjourn the train unless it is done on Consent or the alternative making an order for costs....what does this mean?
            For tomorrows court date one of the options it says I have is (to settle those matters not in dispute and adjourn the balance)
            I don't know what this means.
            The ex's lawyer also says that if I chose to proceed to trial that they will be requesting a motion that my pleadings be struck as I didn't comply with an order for disclosure...huh?
            The ex didn't comply with previous orders either nor did she comply with and order awarding me costs...what do I say tomorrow? so what's good for the goose is not good for the gander?
            This letter also say's she would object to me bringing new witnesses.......is this justice?
            What do I do?
            Basically I'm being strong armed into giving my rights up and offering her custody! This feels so unfair!
            I'm a great dad.....why do I have to give up and give her sole custody?
            Can I have this draft order agreed to except for the custody and have it held over until the spring? Then I would have vacation time as well as hopefully retained a lawyer to represent me at a trial.

            Comment


            • #7
              Chopper,

              whats the reason why your ex wants sole vs. joint? Have you considered the Parallel Parenting Model, where each parent makes decisions for the child when the child is in their care?

              Why couldn't this work?

              Mr. Justice Roger Salhaney gives a good analysis of this model and some very good reasoning to ponder.

              See this post and download the case K v. J. pdf attachment.

              http://www.ottawadivorce.com/forum/s...ghlight=jewson

              Its a good read.

              lv

              Comment

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