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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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  #171  
Old 05-01-2016, 05:32 PM
ninehundredt ninehundredt is offline
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So quick question. Not sure if anyone has had a look at the minutes of settlement link I posted (sent to me by ex's lawyer), but I don't agree with it in it's entirety.

Although I'm going to ask for an adjournment at court tomorrow so I can have my consulting lawyer review the OCL report...etc, I would like to get my access restored per the OCL's recommendation.

Is there any way to accomplish this outside of getting the other party to agree to an offer to settle?

Since it's not a motion, I don't think I can ask the judge to update the interim order either. Thoughts?
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  #172  
Old 05-02-2016, 08:06 AM
ninehundredt ninehundredt is offline
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Originally Posted by Links17 View Post
Congratulations - I was actually reviewing this thread to see if I was giving proper advice and I saw on page 10 that I suggested you file for sole custody because what she was doing was grounds for you to get sole custody and I am happy OCL agreed.
Not tooting my horn but just seeing if I am on the ball when it comes to these things....

I think you SHOULD be cautiously optimistic.... You are over the peak now, enjoy the ride down!

I think you should ask for her to have supervised access for the first x months to make sure she doesn't try again to destroy your relationship with the kids. This is actually important, she will probably still try to destroy your relationship with the child(ren)

Make sure you impute income to her, she must pay you child support.

Also, if she is employed she needs to pay you spousal support because you will have the sole care of young children and that is a grounds for spousal support. I kid you not, spousal support is partially a salary to sole custody parents. The law is very clear.


Are the dads on this forum undefeated?
Good advice for sure, but it's still such an uphill battle. I've been at this for over two years now...for what could have been reasonably settled in a matter of months. The process really needs an overhaul. There should also be more constraints placed on legal aid recipients to keep them from abusing the system. Anyway I'm off to court (again).
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  #173  
Old 05-02-2016, 08:24 AM
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LovingFather32 LovingFather32 is offline
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Congrats buddy.

That OCL report will assist you Im sure. OP's knees are shaking and now vague settlement stuff will begin to flow out.

LAO certificate checks are still being delved out to your ex I'm sure ... They'll hand her cash until the last second before a trial.

Be patient, dont accept ANYTHING you arnt comfy with ... ride the Legal Aid $ tidal wave until they stop feeding her money to fuel this nonsense. Keep a smile on your face .. looks like you'll get sole.
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  #174  
Old 05-02-2016, 10:04 AM
ninehundredt ninehundredt is offline
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Originally Posted by LovingFather32 View Post
Congrats buddy.

That OCL report will assist you Im sure. OP's knees are shaking and now vague settlement stuff will begin to flow out.

LAO certificate checks are still being delved out to your ex I'm sure ... They'll hand her cash until the last second before a trial.

Be patient, dont accept ANYTHING you arnt comfy with ... ride the Legal Aid $ tidal wave until they stop feeding her money to fuel this nonsense. Keep a smile on your face .. looks like you'll get sole.
What is a legal aid certificate check?

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  #175  
Old 05-02-2016, 03:14 PM
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Originally Posted by ninehundredt View Post
What is a legal aid certificate check?

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Legal Aid Lawyers paycheck.

Her lawyer will have to apply for more money every now and then. So usually all the Legal Aid "check-cutters" get to see are the gruesome false allegations .. or whatever the scummy Legal Aid lawyer says in his application for more $$.

It was only at my final Legal Aid Settlement Conference that I decided to bring everything (evidence she was lying, judges orders in my favor, etc).....thats when she was told I would achieve sole if she wasn't reasonable ...then she admitted she lied.

The key is to get these certificates to stop coming to pay for her litigation lies. No money = No lawyer for her = even playing field = settlement.
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  #176  
Old 05-17-2016, 02:06 PM
ninehundredt ninehundredt is offline
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Quote:
Originally Posted by LovingFather32 View Post
Legal Aid Lawyers paycheck.

Her lawyer will have to apply for more money every now and then. So usually all the Legal Aid "check-cutters" get to see are the gruesome false allegations .. or whatever the scummy Legal Aid lawyer says in his application for more $$.

It was only at my final Legal Aid Settlement Conference that I decided to bring everything (evidence she was lying, judges orders in my favor, etc).....thats when she was told I would achieve sole if she wasn't reasonable ...then she admitted she lied.

The key is to get these certificates to stop coming to pay for her litigation lies. No money = No lawyer for her = even playing field = settlement.
Ah I see. Now that the OCL report is on file, I'm not sure how things will go in terms of her receiving legal aid. I just had my first full weekend access in almost a year this past weekend. Wednesday overnight visits have been great too. Things have been quiet for the time being, but I'm expecting my ex will attempt to frustrate access at her next opportunity.

I'm in the process of moving closer to the kids, and working on a draft settlement agreement in the meantime. Settlement conference is scheduled for August. So far so good without a lawyer.
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  #177  
Old 05-17-2016, 02:23 PM
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Quote:
Originally Posted by ninehundredt View Post
Ah I see. Now that the OCL report is on file, I'm not sure how things will go in terms of her receiving legal aid. I just had my first full weekend access in almost a year this past weekend. Wednesday overnight visits have been great too. Things have been quiet for the time being, but I'm expecting my ex will attempt to frustrate access at her next opportunity.

I'm in the process of moving closer to the kids, and working on a draft settlement agreement in the meantime. Settlement conference is scheduled for August. So far so good without a lawyer.
Happy for you, don't settle for less, it's a great achievement and next is sole custody, soon she'll run out of money, no more funding on lies and deceiving...

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  #178  
Old 05-17-2016, 02:24 PM
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Quote:
Originally Posted by ninehundredt View Post
Ah I see. Now that the OCL report is on file, I'm not sure how things will go in terms of her receiving legal aid. I just had my first full weekend access in almost a year this past weekend. Wednesday overnight visits have been great too. Things have been quiet for the time being, but I'm expecting my ex will attempt to frustrate access at her next opportunity.

I'm in the process of moving closer to the kids, and working on a draft settlement agreement in the meantime. Settlement conference is scheduled for August. So far so good without a lawyer.
Congrats on having your first weekend with the kids in a while. I remember the feeling...pure happiness.

Take pictures, schedule an eye/ear appt, be up to date with physicals, dentists, etc. Keep receipts for things bought. You're a good dad .. so be sure to document it.

The OCL report was in your favor if I'm not mistaken correct? I'm NO fan of the OCL but that's great for you. Helps your case.

If she attempts to frustrate future access she's digging her own hole. Sit back, be reasonable, whip out OTS's, mediation requests, arbitration, family counseling, etc. Be the resolution-seeker .. let her be the negative Nancy who frustrates access.

With Legal Aid Ontario, from what I understand they won't see the OCL report, or the continuing record .. or anything the Legal Aid inflaming lawyer doesn't want them to see. It will be up to you to get in touch with LAO and get them to see the "real facts" .. so that they can stop giving your ex financial wings for this.

Keep up the good work!

LF32
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  #179  
Old 12-25-2017, 05:41 PM
ninehundredt ninehundredt is offline
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Sorry I haven't been on here much. OCL report was in my favor. I ended up settling with joint custody though, which in retrospect was a huge mistake. I should have just went to trial and tried for sole. Live and learn.

Now she's taken me back to court again. This time we're in a new jurisdiction / court. We asked for an OCL update, but the judge denied it...stating there wasn't any real need. On a positive note the judge told her in the case conference that there is no way she's going to get sole custody back.

I'm fairly sure this is going to be the story until the kids grow up. Every six months take dad to court for frivolous reasons. I have no idea where she is getting the income to keep paying lawyers. This has been going on for over 4 years now. How are things going with you?
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  #180  
Old 12-11-2018, 07:23 PM
ninehundredt ninehundredt is offline
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Hi everyone,
I haven't posted in quite some time, but I have been back in court on and off for the past year. My ex filed suit in September of 2017, less than a year after our previous settlement.

This time she was demanding that I contribute to private school for both children. I offered mediation, which she refused, and thus began the lengthy process of trying to reach a settlement yet again.

In the meantime she has continued along the same path with the usual behavior. Attempting to alienate the children, blocking access to the children's physician, and being generally unpleasant to everyone she comes in contact with.

I found out the hard way that OCL reports / recommendations 'age' over a short period of time, so I was unable to use the 2016 report to any effect this time around. Fortunately my lawyer and I were able to convince the judge to endorse our request for an OCL update a few weeks ago. I'm currently waiting patiently for a response from our OCL application.

I hope that everyone is persevering, and gets some much needed down time over the holiday period. I'll post more updates as they come.
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