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

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  #1  
Old 12-10-2009, 06:06 PM
traumagirl traumagirl is offline
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Default closing arguement written response...

We ran out of time at our trial, resulting my ex (applicant) and myself to submit our closing arguements by writing. I received his paper today, and it is bacially a joke with him posing his pitch for primary custody, cs, and spousal support. I will add that it was not in his writing as he is borderline illiterate. He did continue to knock my parenting skills thorough the whole thing. He also discusses situations such as scheduling and counselling the children have been involved in as not being effective, despite not having seen them since May nor was ever involved with any of it. He goes on to say that he doenst see them as much as he would like, but does not add that it was his choice to do so. He makes false allegations stating that I do not provide dental (i have benefits) or health care to the children (despite submitting various recepts for same at the trial and I also am an RN). States that I leave my children alone for hours, then hire strangers to sit (allegations false after CFS investigations). He is utilizing a huge emotional angle trying to paint himself as a caring involved parent despite having caused nothing but chaos and had physically assaulted myself and forceful disciplined kids in the past (documented reports were provided by CFS and police at trial). He claims that he is in financial distress but yet grosses $115,000 continuously since 2000, but writes off everything. My income increased from $21,000 to $110,000 over 1997-2009. I never got a cent from him for the children since leaving in 2005, and paid for everything for them. He goes on to present this well scheduled home he can provide where they have everything along with a proposed financial budget for their care needs, and states that I should pay him for it. States that they do not have a stable environment. He also states that he should have the house signed over to him with no equalization payment to myself (house is worth $106,000 valuation date and he has all the assets too). Spousal support will allow him to pay back his debts (big loans he took out to buy equipment for a music production business while we were together). I could go on but it is a joke filled with allegations and proves just how delusional he is.


I was given interim temp custody in 2007 with him getting EOW, the judge closed last week writing an endorsement with x-mas holiday access giving ex a few days, times outliined, and also added it is enforceable by OPP or local police (due to his behaviours and numerous breaches in the past).

Any input how to format my response to this?
  #2  
Old 12-10-2009, 06:40 PM
traumagirl traumagirl is offline
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Default you missed the point...

the trial is all but over now, what is needed is the closing arguements, all evidence submissions testimony examinations etc. are done.
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Old 12-10-2009, 07:37 PM
independentgal independentgal is offline
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The only suggestion I have is to summarize your points made at trial in a favourable way for you. Do not bring up anything you haven't entered as evidence in your trial. If there is something new in your Closing if your ex is unhappy, he could appeal based on the new evidence. The theory behind this is that all evidence is to be given the chance to be rebutted. No new evidence that can go unchallenged is to be discussed.

If you got through a trial on your own(self rep) then you must have comprehensive notes of your arguments. Just reiterate what you were asking for, wording it in such a way(i.e. logical) that the judge will be agreeing as he reads it. No inflammatory stuff.

Kudos to you for getting through it. Can I ask how long your trial was? Was it what you were expecting? I went through a trial this fall as well.
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Old 12-10-2009, 08:35 PM
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dadtotheend dadtotheend is offline
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Quote:
Originally Posted by scared1 View Post
Start getting bills you paid and premiums for the kids together. Ask him to prove you are not a good parent. Aks him to prove how he is better by not seeing the kids or not paying expenses for them.

Document the time he has spent with them or called them.
Great advice scared1. You legal eagle you.
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Old 12-10-2009, 08:43 PM
frustrated11 frustrated11 is offline
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getting scared, self rep and motion trial coming, have to argue not to let them adjourn and have to argue not to allow a new issue being added ,

also how do you cite case law and presnet it...I'm too emotional to be able to handle this but cannot afford a lawyer...

I want to say the adjournemnt is not a good idea. with things hanging over our heads it is hard to be able to meet current ends meet and to be able to move forward with the future.

Also, currently in mediation but ex wont even budge on any of the issues Like back dating reduced retro amount of cs. before filing the motion to vary i asked my ex for help and she did not want to listen, I gave her a month to reconsider and then filed everything.

Any way better to word this
all you guys are amazizng who pull it all together for the court
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