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Trial #3! Anyone had more ? :)

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  • #16
    Originally posted by ele110 View Post
    Just curious, I have noted you have requested NO access for your child's mother. Is there any reason for that?
    Because she is crazy, tried to flee with her child to the Ukraine, has lied sooooooooooo many times, is a threat and risk to the child, has not paid $1 in support of her child, the court is trying to protect the child. The list could go on .

    Comment


    • #17
      I think it's important for things to go to trial more often and fathers especially not to compromise on custody matters. Times are changing but we need as much case law showing lawyers that their male clients have a good chance of getting shared and even sole custody.

      Hang in there, you are doing the community a service.

      Comment


      • #18
        Hi Everyone

        So we got our trial #3 decision. No surprises really if you ask me and can be summarized as follow
        1. Kid safe - supervised stay and reduced by 6 visits a year
        2. We can travel without begging mom for permission that she would never give.
        3. Mom ordered to pay CS and 9k before she can come back to court.


        and here are main points of the order:

        Final Order to Issue

        The order of Justice Pazaratz dated November 9, 2011, and the final order of Justice Harper dated February 18, 2014, are varied as follows

        1. The Respondent Father shall continue to have sole custody of the child of the parties namely, *** born ***

        2. The ApplIcant Mother shall continue to have access to the above named child for 2 hours per week to be supervised at the SupervIsed Access Centre in Hamilton, Ontario. Unless the parties agree otherwise, these visits shall be on a Sunday. There shall be no makeup time for visits that are canceled by the Centre, or by the Respondent pursuant to paragraph 4 below.

        3. The Respondent Father is entitled to apply for a passport for the said child without the consent of the Applicant Mother He is also entitled to travel outside of the country with the child without the consent of the Applicant Mother for a period of not greater than 3 weeks provided that he gives her 60 day's written notice of his intent to do so and particulars of the trip, such as destination, method of transportation, details of transportatIon (such as flight number, departure and return dates), and the address of the accommodations.

        4. The Respondent Father is entitled to cancel the weekly visit for a total of 6 tunes per year in order to make his own plans with the child as long as he gives the Applicant Mother and the Supervised Access Centre 60 days' notice if he plans to be out of the country, or 30 days notice If he plans to be in Canada. Any desire to travel as set out in paragraph 3 above must be included in these 6 weeks or within any visits that are cancelled by the Supervised Access Centre.

        5. The Respondent Father shall not make any restrictions on activities the child may engage in with the Applicant Mother during access such as watch television, movies, and videos, or playing video games.

        6. If the Applicant Mother gives the child a gift during access, there shall be no requirement that he must bring It back to a future visit. However, the Applicant Mother may bring Items for activities for her and the child to engage m and take them back to her own residence.

        10. The Applicant Mother shall pay support for the above named child in the amount of $157.00 per month based on a gross annual income of $19,729.00 commencing January 15t, 2016.

        11. The ApplIcant Mother shall pay support for the above named child in the amount of $197.00 per month based on an estimated annual income of $24,600.00 commencing January 15t, 2017

        12. Any arrears of child support owing as of August 31 st, 2017 shall be paid at the rate of $100.00 per month commencing September 1st, 2017.

        13. The parties shall share extraordinary expenses for the above named child in proportion to their incomes commencing August 1 st, 2017

        14. The Applicant Mother shall provide a copy of her complete income tax return, including any attachments, along with a copy of her NotIce of Assessment by June 30th every year commencIng June 30th, 2018. The same disclosure shall be provided by the Respondent, as long as he is making a claim for extraordinary expenses.

        15. A Support Deduction Order shall issue.

        16. The Applicant must pay the Respondent the sum of $9,000.00 towards any outstanding costs orders before she commences any new litigation to expand or change access. All outstanding orders for costs remain owing in full however.

        17. If the parties are unable to agree on how to handle the Issue of costs, then written submissions of no more than 6 pages plus any attachments may be served and filed as follows
        • Respondent Father by August 11th, 201 7
        • Applicant Mother by August 28th, 2017
        • Reply from Respondent by September 11, 2017


        so here you have it... Sad part is that it does not look like our last trial since mom already wrote to me that 9k is not going to stop her...

        Night,
        WB

        Comment


        • #19
          Congrats WD!
          Ottawa Divorce

          Comment


          • #20
            well done. Keep in mind minimum wage is going to raise to $14 / hour, if it already hasn't.

            I figured they wouldn't cut off access. I suppose she could max out credit cards and loans and return to expand access.

            Nice to see you don't have to go through her to travel. Enjoy your next vacation!

            Comment


            • #21
              Great news. I like that the order graduated upwards in amount she pays you (imputed income). This will now likely continue indefinitely.... every time she takes you to court (haha).

              This one has 'vexatious litigant' written all over it. That is a good thing for you.

              Enjoy your summer!

              Comment


              • #22
                Originally posted by trinton View Post
                well done. Keep in mind minimum wage is going to raise to $14 / hour, if it already hasn't.

                I figured they wouldn't cut off access. I suppose she could max out credit cards and loans and return to expand access.

                Nice to see you don't have to go through her to travel. Enjoy your next vacation!
                I think they would with another judge who told us not access or unsupervised access.

                It is hard to max our credit cards or loans when you undischarged bankrupt

                Comment


                • #23
                  Originally posted by Jeff View Post
                  Congrats WD!
                  thank you
                  but honestly, it does not feel like I achieved anything here... I wish her to do the right thing and move forward and out of the court but it seems more and more that it not going to happen anytime soon if ever...

                  court keep giving her chance after chance after chance when it clear that she is not going to do what she suppose to. If we were to switch places the would kick me out from court long time ago ...

                  Comment


                  • #24
                    it seems like the last one still didnt make it on canlii, would have been a great read

                    Comment


                    • #25
                      That is correct. Judge decided not to publish it or what ever reason. Who knows

                      Comment


                      • #26
                        Originally posted by WorkingDAD View Post
                        That is correct. Judge decided not to publish it or what ever reason. Who knows
                        Well I hope you are not in the courts now. I re-read your case again before I went for my motion; it was already heartbreaking all over again. I qouted the judge for costs and got $500, thanks to your hard work.

                        Comment


                        • #27
                          Originally posted by sahibjee View Post
                          Well I hope you are not in the courts now. I re-read your case again before I went for my motion; it was already heartbreaking all over again. I qouted the judge for costs and got $500, thanks to your hard work.
                          I am not in court at the moment and hopefully will not be in the future. Mom need to pay 9k befire she come back. May be it will stop her for a while...

                          Comment


                          • #28
                            Originally posted by WorkingDAD View Post
                            I am not in court at the moment and hopefully will not be in the future. Mom need to pay 9k befire she come back. May be it will stop her for a while...
                            Just curious, why didnt the judge(s) make all those other costs enforcable as child support? if you went for enforcement of CS she'd be spending some quality time in jail by now, giving her time to think through her life choices lol.
                            or are you too leniant to do that, like me lol?

                            Comment


                            • #29
                              Originally posted by sahibjee View Post
                              Just curious, why didnt the judge(s) make all those other costs enforcable as child support? if you went for enforcement of CS she'd be spending some quality time in jail by now, giving her time to think through her life choices lol.
                              or are you too leniant to do that, like me lol?
                              Simple - bicouse it is not child support. As for jail for not paing CS... You are dreamer not worth the time and effort.

                              Comment


                              • #30
                                Originally posted by WorkingDAD View Post
                                Simple - bicouse it is not child support. As for jail for not paing CS... You are dreamer not worth the time and effort.
                                For me the judge said "Costs are ordered as child support" that way FRO can enforce the costs as well.

                                Comment

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