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  • #31
    Originally posted by WorkingDAD View Post

    So why do I wrote this post? Just want one more time to remind everybody that if you have a chance to stay away from the family court - please do. There are no winners there...

    Regards,
    WD
    Soo true! 7 runs through the court for me, 3 settled right before trial, 2 successful dismissals, 1 successfully merged with another in a different court house and a quick jump over to small claims
    The original case was the only one I initiated.
    This year I may get to celebrate 5 years court free, hoever my ex is now threatening to take me back to court again.....if only I could put the money I spent on court into a college fund for the kids, they'd be set for life. No winners in court accept the lawyers, the rest of us loose out.

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    • #32
      I have every intention of going into deep, deep hiding once my case is settled. 7 years of hell is too much. Once we actually get to trial and that’s over, he won’t be able to find me to serve me with papers again!

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      • #33
        I think I'm at around a dozen motions - I've lost count.
        I was divorced within 12 months of separation. Thought it would be the end -that was in 2010.

        They can keep going back to court over and over again to fight the final order. Has my ex been successful? No. But still takes time to prepare (I'm now self-represented). Prior to being self-represented I retained a lawyer.

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        • #34
          I just wish the courts had a “referee” to look through filings to determine if a case is legit. Whats the point of having laws, guideline tables, and agreements if people can just file a motion when they don’t agree or another parent can stop paying because they don’t want to? We’re still waiting on the ex to file her next step in a process she started a year ago. And why? Because she doesn’t agree with the law or the agreement!

          Comment


          • #35
            Originally posted by arabian View Post
            I think I'm at around a dozen motions - I've lost count.
            I was divorced within 12 months of separation. Thought it would be the end -that was in 2010.

            They can keep going back to court over and over again to fight the final order. Has my ex been successful? No. But still takes time to prepare (I'm now self-represented). Prior to being self-represented I retained a lawyer.
            If it's the same thing over and over ask to have the other party deemed a vexatious litigant. My lawyer tells me the next time through the system for me I'll have a good case to have him declared a vexatious litigant. If your at 12, you probably have a better case than me LOL

            https://www.canlii.org/en/on/onsc/do...&resultIndex=2

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            • #36
              why didnt the judge(s) make all those other costs enforcable as child support?
              I suspect because the bulk of the case was about custody/access, rather than child support.

              Simple - bicouse it is not child support.
              For clarity on this: FRO enforces support orders. What is a support Order?

              “support order” means a provision in an order made in or outside Ontario and enforceable in Ontario for the payment of money as support or maintenance, and includes a provision for,

              (a) the payment of an amount periodically, whether annually or otherwise and whether for an indefinite or limited period, or until the happening of a specified event,

              (b) a lump sum to be paid or held in trust,

              (c) payment of support or maintenance in respect of a period before the date of the order,

              (d) payment to an agency of an amount in reimbursement for a benefit or assistance provided to a party under a statute, including a benefit or assistance provided before the date of the order,

              (e) payment of expenses in respect of a child’s prenatal care and birth,

              (e.1) payment of expenses in respect of DNA testing to establish parentage,

              (f) the irrevocable designation, by a spouse who has a policy of life insurance or an interest in a benefit plan, of the other spouse or a child as the beneficiary, or

              (g) interest or the payment of legal fees or other expenses arising in relation to support or maintenance,

              and includes such a provision in,

              (h) a domestic contract that is enforceable under section 35 of the Family Law Act, or

              (i) a notice of calculation that is enforceable under section 39 of the Family Law Act. (“ordonnance alimentaire”) 1996, c. 31, s. 1 (1); 1999, c. 6, s. 26; 2002, c. 13, s. 57 (1); 2005, c. 5, s. 28; 2005, c. 16, s. 1; 2014, c. 7, Sched. 10, s. 1 (1); 2016, c. 23, s. 48.

              Citation: https://www.ontario.ca/laws/statute/96f31#BK1

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              • #37
                Originally posted by MommaMouse View Post
                If it's the same thing over and over ask to have the other party deemed a vexatious litigant. My lawyer tells me the next time through the system for me I'll have a good case to have him declared a vexatious litigant. If your at 12, you probably have a better case than me LOL

                https://www.canlii.org/en/on/onsc/do...&resultIndex=2
                You be sure to do that and let us know how it works out for you. I'd ask your lawyer how much of a retainer he wants before embarking on this. It isn't as simple as one would think or I would have done it years ago. Believe me, when I had a lawyer, we tried but got nowhere. All comes down to what judge you end up in front of I think.

                Cheaper for me now to simply cut and paste the same old response and go to the courthouse and do all the serving and filing stuff. When it is interjurisdictional basketball from one jurisdiction to another I don't mind but when I have to attend via telephone I (to stave off ex's bogus stays of enforcement) it is a tad nerve wracking to say the least. I'm certainly not a lawyer with years of courtroom experience under my belt.

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                • #38
                  Originally posted by rockscan View Post
                  I just wish the courts had a “referee” to look through filings to determine if a case is legit. Whats the point of having laws, guideline tables, and agreements if people can just file a motion when they don’t agree or another parent can stop paying because they don’t want to? We’re still waiting on the ex to file her next step in a process she started a year ago. And why? Because she doesn’t agree with the law or the agreement!
                  Rockscan, better yet the lawyers should be held more accountable. I know they need to make a living but promising their clients the moon is made of cheese (like Tayken says) and have a hope in court fuels the fires.

                  Comment

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