I can agree lv for the most part with this fine piece of writing. I strongly oppose the part about court costs. There was no factoring in Legal Aid or what recourse a parent had if there was a mistake in the making of a final order.
Case and point
In my first case there was a cost judgment made against me for $45,000 in court cost ++. There were 2 reasons for the order for costs;
1. Inhibit the losing litigant (me) from continuing with any further litigation
2. Create a precedent for awarding more then the billable Legal Aid amount
The court knew full well I was unable to pay such a large sum of money. The court had all my “real” financial information and therefore did so knowingly to inhibit my capacity to continue regardless of whether it was “in the best interests of the children.” The children and I were left to suffer the consequences; the children the abuse and the parent made powerless to help. I can only speak as the parent who had to suffer in silence. When the change in custody did occur, they changed the entire final order save for the order of costs against me. The children came into my sole care 18 months after the final order and with it; they inherited this burden placed on their now custodial parent. I am continually reminded by the court that if I want to change that order, I need to seek leave to appeal but, that time has now expired. There is another way to change the order, have the matter brought back before the justice that made the order in the first place. The court continues to deny my request in doing so.
This case had my estranged wife using the services of Legal Aid. The final cost order was based on success. All the while paying my own legal expenses, let’s forget for a moment that I am a father and, I was successful. An order for court costs is made against the mom for $45,000. Where does my big win fall come from?
I still am unable to afford to pay this order for court costs; it is still on my credit record and inhibits me from getting a charge card, loans, etc. Stuck without legal representation because, I can’t afford to drive myself further into debt to pay for a lawyer. In a way, I might get lucky and stave off bankruptcy until the next order for costs is made against me or luckier still, I could win and have court cost made against the legally aided mom and this will go towards and come from….the kids? I can barely wait.
Either this family law process is about the best interest of the children or it isn’t. I would like to hear good argument from someone on how the court costs issue works in the best interest of the children.
As far as affidavits go, I noticed between the ex wife 1 and ex wife 2 the exact same allegations. Right down to the exact same wording. There must be this “top ten list” of things to say about the other person in family law affidavit materials. I call this The Family Law Rules Missing Chapter, not available in schools and, only available when you start practicing family law.
SillyMe
Case and point
In my first case there was a cost judgment made against me for $45,000 in court cost ++. There were 2 reasons for the order for costs;
1. Inhibit the losing litigant (me) from continuing with any further litigation
2. Create a precedent for awarding more then the billable Legal Aid amount
The court knew full well I was unable to pay such a large sum of money. The court had all my “real” financial information and therefore did so knowingly to inhibit my capacity to continue regardless of whether it was “in the best interests of the children.” The children and I were left to suffer the consequences; the children the abuse and the parent made powerless to help. I can only speak as the parent who had to suffer in silence. When the change in custody did occur, they changed the entire final order save for the order of costs against me. The children came into my sole care 18 months after the final order and with it; they inherited this burden placed on their now custodial parent. I am continually reminded by the court that if I want to change that order, I need to seek leave to appeal but, that time has now expired. There is another way to change the order, have the matter brought back before the justice that made the order in the first place. The court continues to deny my request in doing so.
This case had my estranged wife using the services of Legal Aid. The final cost order was based on success. All the while paying my own legal expenses, let’s forget for a moment that I am a father and, I was successful. An order for court costs is made against the mom for $45,000. Where does my big win fall come from?
I still am unable to afford to pay this order for court costs; it is still on my credit record and inhibits me from getting a charge card, loans, etc. Stuck without legal representation because, I can’t afford to drive myself further into debt to pay for a lawyer. In a way, I might get lucky and stave off bankruptcy until the next order for costs is made against me or luckier still, I could win and have court cost made against the legally aided mom and this will go towards and come from….the kids? I can barely wait.
Either this family law process is about the best interest of the children or it isn’t. I would like to hear good argument from someone on how the court costs issue works in the best interest of the children.
As far as affidavits go, I noticed between the ex wife 1 and ex wife 2 the exact same allegations. Right down to the exact same wording. There must be this “top ten list” of things to say about the other person in family law affidavit materials. I call this The Family Law Rules Missing Chapter, not available in schools and, only available when you start practicing family law.
SillyMe
Comment