Legal AID funded vs self representation

[WorkingDAD]

Hello ALL

My ex (never been married) on Ontario Works (welfare). Her Lawyer funded by Legal AID. I tried to have lawyer but after 6 month with close to 0 result and 10k in debt I fired her and now trying to represent my self.

That not easy and considering that English is my 3rd language and law language is not yet one of mine that fact I fighting against lawyer who paid by government (my taxes too) make even harder.

My position is very reasonable I want 50 /50 (Joint custody with parallel parenting). I am actually Respondent. She went to Court after I got married (what still puzzle me - how the hell you can go to court to ruin somebody life using tax payers money)

So question is. How to cut her Legal AID? Don't they have to make sure money spent wisely? May be there is some place where I can sent court papers for them to review ?

thank you

[dadtotheend]

How to cut her Legal AID?

Hmmmmmmmm....

[WorkingDAD]

Hmmmmmmmm....

That quite informative...

[walshch]

You should concentrate on getting another lawyer, and apply for legal aid yourself (if you qualify) and stop worrying about how your Ex is paying for her lawyer. Maybe you'll be on the hook to pay her legal fees, if your successful in getting her cut off of legal aid. Not a road you should be going down IMO.

[Epona]

What is she taking you to court for?
Unless you and she can settle out of court (with legal advice preferably), her Legal Aid isn't going to be "cut", if by "cut" you mean you don't want her to receive it anymore.
Send court papers for "them" to review? Well, there is FLIC which has limited assistance if you don't qualify for legal aid and can't afford a lawyer, or don't want to use a lawyer (not recommended if you can avoid it). But they won't review the papers thoroughly. They'll make sure the proper forms are filled out completely and commission your signature, but they won't analyze the details of your case (unless you qualify for Legal Aid), in which case they have to make sure different lawyers are seeing you than those seeing your ex (otherwise it would be conflict of interest).

[WorkingDAD]

Well, I just feel that it's totally not fair. And I trying to avoid all that trial stuff, but as you may understand it's very hard to do with person who is not paying for lawyer from her own pocked.

As I said I can not afford lawyer and I am not qualifying for Legal AID as many of us who prefer have a job and making too much money for legal AID but hardly enough to provide for your family like me (60k).

And I just said it's just totally wrong that you can put bunch of lies (what I can prove on paper) on affidavit and bring it to the court using taxpayers money.

So My question was - how I can make Legal AID at least take a look what is going on...

What is wrong with that?

[Epona]

You can't, because it would be against their rules.
My ex makes $60,000 and he pays for a lawyer. I don't work (not by choice) and have no income (I DON'T collect social assistance, EI, disability or anything else) and don't qualify for legal aid. So I represent myself when my ex takes me to court.
Take a deep breath. You are not the first, nor will you be the last, person to read lies in affidavits. I'm sure "the court" is used to it.
Anyway, what did she take you to court for? Legal Aid won't let someone take another person to court without just cause.

[WorkingDAD]

What is she taking you to court for?
Unless you and she can settle out of court (with legal advice preferably), her Legal Aid isn't going to be "cut", if by "cut" you mean you don't want her to receive it anymore.
Send court papers for "them" to review? Well, there is FLIC which has limited assistance if you don't qualify for legal aid and can't afford a lawyer, or don't want to use a lawyer (not recommended if you can avoid it). But they won't review the papers thoroughly. They'll make sure the proper forms are filled out completely and commission your signature, but they won't analyze the details of your case (unless you qualify for Legal Aid), in which case they have to make sure different lawyers are seeing you than those seeing your ex (otherwise it would be conflict of interest).

Well, to make long story short.
After I got married she lost it and decided to make my life and life of my new family as hard as possible. So she file application in court for custody, spousal support (we never been married, just live together for 2.5 years), restrain order, child support. Before I was the best thing what happens with her in her life and good father for little one (2 years now) (she wrote that on emails and much much more)

She did not try to go to mediator. Her lawyer did not recommend it to her (why would he right ?)

Now she saying she did not want to go to court. She sent email where she wrote that she did not ask about restrain order or spousal support - that lawyer recommended it and bla bla bla. Like I was the one who want to go to court. I am Respondent...

So basically it's looks like scam from a lawyer. And I want someone to take a close look what is going on.

[Epona]

Before you got married, what were/are the custody arrangements? Are you paying child support for your two year old daughter? Why would she be filing a restraint order? Don't know if she'd receive spousal support. How often do you see your daughter?
If the mother of your daughter doesn't have support to help care for your daughter so she can go to work, then she can't work. That is not necessarily her choice. Subsidized child-care is difficult to get. If you're working minimum wage, you can't pay for child-care and living expenses. You can't afford to work. It is a vicious cycle.
The "game" is: ask for more so the other party will agree to what you are seeking.
Mediation can be expensive, and each party still needs independent legal advice. If she is collecting social assistance, it's possible that organization advised her to seek support from you (if you haven't been paying any).
I don't think it's a scam -- just bad timing.

[dadtotheend]

How to cut her Legal AID?

That quite informative...

Before I was the best thing what happens with her in her life...

Hmmmmmmm....

[WorkingDAD]

I like you approach )

[WorkingDAD]

Before you got married, what were/are the custody arrangements?

No. We do not really have too much problems before except her constant whining how badly she want me back. Before baby was born we agreed that we will stay in one apartment before little one will turn 1 y.o., There was one condition - leave me alone. There is no us. there is little one, me and you.. But apparently that was hardest part to accept. So after 3 month constant whining I moved out. She applied for OW. They asked me for Child Support. I agreed for table amount. Even after I moved out from apartment (but still being on a lease and having a key) I come literally every day. Some days morning and evening. I did ALL SHOPPING for baby and HER (so she will not drag little one to stores). I did bring him and her to all his med appointments. I just did not stay overnight after I moved out because "somebody" would think I am back with her....

Are you paying child support for your two year old daughter?

Son. Yes I do!

Why would she be filing a restraint order?

Base on her affidavit she do not want me to be able to access her place what I was on a lease and had a key on that time. Now she do not leave there actually but they still continue to put that on documents in the issues on this CASE not being settled. I believed idea was to prevent my new family to come to Canada. Another thing just to scare me ...

Don't know if she'd receive spousal support

.
Me too actually but ...) My understanding about spousal support that you ask for that if you put something into relationship and because of that lost something. Our case different. I actually the one who did it. Helped with college and etc... But that on her conscience.

How often do you see your daughter?

As I said before that nonsense started I saw him every day (couple of days I was sick and couple of time out of country for week or two). After she started this I could not see him for 2 month. Than couple of month supervised access (the most humiliating things happened to me in my life.) Now I have him 3 times a week (3,3,8 hours). No overnight (

If the mother of your daughter doesn't have support to help care for your daughter so she can go to work, then she can't work. That is not necessarily her choice. Subsidized child-care is difficult to get. If you're working minimum wage, you can't pay for child-care and living expenses. You can't afford to work. It is a vicious cycle.

Well, I want my son live with both of us. I have wife who does not work now and could help with care. I also have 8 year old step-daughter who really like to spend time with little one on those hours we got ... Almost every second time he is crying when I have to bring him back ...
I believe she do not really motivated to find job and system encourage to do so. She could sit on welfare forever ...

The "game" is: ask for more so the other party will agree to what you are seeking.
Mediation can be expensive, and each party still needs independent legal advice. If she is collecting social assistance, it's possible that organization advised her to seek support from you (if you haven't been paying any).
I don't think it's a scam -- just bad timing.

Well, I do not know. My understanding was that legal AID should do all steps to avoid legal fees. I would think that they have to make mediation mandatory before. And than after mediator conclusion on how reasonable parties position decide on pay for that or no. If you still think you want go to court and try you luck with judge - that you choice but taxpayers should not pay for that.

[WorkingDAD]

Anyone!?

I just had conversation today with ex when pick up kid. She said she do not want go to court. But nothing can be changed...

She just did not get it that is not lawyer who make decision. I am going to ask judge to ask her directly on coming TMC. She actually said that afraid of her lawyer ...

That sort of stuff I have to deal with ... I am telling if not that bottom-feeder we would not be even in court...

[Epona]

You and her lawyer can negotiate a settlement outside of court, then neither of you go to court. Things can be changed. You cannot talk to Judge. At any rate, neither you not her lawyer are supposed to talk to the Judge outside of court about the case.

[WorkingDAD]

Nobody said that it will be outside the court. We will have Trial management conf soon.

Lawyer ignoring any settlements. He is not interested in not go to court. Why would he? Go to trial it's like what? 10grand in his pocket?

I just wish all they will burn in hell those lawyers like that....