I need to see my daughter

[LovingFather32]

I will take all your advice for sure. One thing I want to be stringent on is that I don't need anything "supervised". I was left unsupervised daily with daughter, including the day they left. My profession leaves me unsupervised all day with children. It's a control issue for the ex and ludicrous. So in the absence of mediation (they'll probably deny), the judge will probably send us out in the hall to see if we can reach an agreement? Perhaps they'll offer every other weekend supervised, etc or something. Don't really know what to expect. I do expect them to say "dismiss this at once until a case conference date has been set) and if there are any offers of access it will not be much to my liking. I just want to avoid supervised.

[FB_]

I will take all your advice for sure. One thing I want to be stringent on is that I don't need anything "supervised". I was left unsupervised daily with daughter, including the day they left. My profession leaves me unsupervised all day with children. It's a control issue for the ex and ludicrous. So in the absence of mediation (they'll probably deny), the judge will probably send us out in the hall to see if we can reach an agreement? Perhaps they'll offer every other weekend supervised, etc or something. Don't really know what to expect. I do expect them to say "dismiss this at once until a case conference date has been set) and if there are any offers of access it will not be much to my liking. I just want to avoid supervised.

No offence but I have a feeling that's what you're going to get. The judge won't be able to really look at evidence so you might be S.O.L.

I will be thinking of you tomorrow best of luck and I hope it goes very well but you really need to have your expectations that the only thing she is ordered to do is to stay close and not leave the area.

[MrToronto]

Have to ask....Have to get mediators involved....Nice to get the refusal....technically who ever spoke to you is right...sure you can get away it the first time it's asked on the Day of Court...but it'll be a documented and be part of a pattern of refusal going forward.

At Court the intake form where the mediators take your name and other parties name and then go seek there approval to mediate try to get a copy after there refusal or if not a copy of you having come in and asked on that day.

Follow what hammerdad posted on mediation (after EM) you gotta nail the lawyer for being unreasonable.

Someone on this thread may know why this lawyer after 2 months won't even try to make a Separation Agreement. To me it's to nail down Custody first and I bet because LF32 is sitting in the matrimonial home and the ex is living in temporary housing (shelter) with his abducted child it can't be done without LF32 getting his 50% custody

Flight Risk?
1) they won't mediate
2) No help with a Separation Agreement until she knows she gets custody
3) living in a tempoary shelter
4) not looking for a job
5) has said during and after she was going to her mothers with child if relationship ended (her mother encourages it)

Most of the time the guy gets the boot....the ex and kids have the stable matrimonial home and the ex can't wait to run down and get a Separation Agreement done....lol

Get working on that Separation Agreement LF32 after the EM and put yourself down for 50-50 split custody. When it's done see if they'll Consent to the Separation Agreement and make sure they get it along with mediation requests.

[MrToronto]

Final Word.........Nothing speaks louder than your ex abandoning the marriage abducting your child then hiding out in a shelter....and toping it off with an allegation

Nobody that goes to shelters does access....you tried though


Keep your stick on the ice...Good Luck

[LovingFather32]

Mr. Toronto. I want to extend a grand thanks for investing so much time on this thread helping me out. I have no idea what to expect tomorrow but I am hoping for the absolute best. Her claim said she wants expenses for the move to the shelter but then she claimed she was n a low income 2 bedroom townhouse where kidling has own room. So who knows. One thing I won't accept is supervised access. Clean drug test, clean record check, work with kids all the time (its my job). Unfortunately I feel supervised access will be there only offer. My stick will be on the ice for sure .. now I need a lucky pass for a one-timer. Thanks again to everybody here for everything, You're all amazing. Ill debrief tomorrow.

[MrToronto]

I'd believe whatever the first story was "shelter" . Low income townhouses have waiting lists believe it our not.

they better have a Lease Agreement (which you can fabricate) for a year and copes of bank statements to prove any checks for 1st and last rent was cashed.

(bank statement) to prove Hydro hookup bill would be nice......cable...telephone..etc

Thase are starting points to see if she is not a flight risk

remember checks and bills aren't good enough...a judge made me get the bank statements to back up everything once....lessoned learned that day

then i

Then

[MrToronto]

Also subsidized low income housing requires an application if you wanted to prove your on the up and up it'd be no problem to show the application and approval of it

There story has to change from the point you launched the EM, the lawyer will be in a hurry to prove no flight risk and the shelter will also help

dates and times.(after the EM looks suspicious) ..and lease agreements (that may only be week to week or month to month or the leases says "ACME womens shelter easing back into society INC" is still a shelter (shelters going to help your ex beat you remember that)

So walking through what a judge may say....is as important as carefully walking through timelines and asking questions about changes in events...and what evidence you'll need to look for to proof things

[arabian]

So basically his wife up and left one day with the kid and, without a police report, claims she is abused and gets assistance to move into a shelter/subsidized housing?

Hope he gets a wise judge who notes the absence of a police report and who can see through the 'smoke and mirrors.'

Truly a sad situation. I mean, if you want to leave your relationship fine but to do it this way is very, very cruel.

I hope she is held answerable by someone, sometime. It sounds as though the shelter played into the woman's plans and that bothers me a great deal. Shelters are supposed to be for victims of abuse - not people who are unhappy and simply want to leave their relationships with kids in tow. I'm quite appalled at this situation. There are far-reaching repercussions of her actions. This situation could very well impact his career as he states he works with children. It is just sickening really.

[MrToronto]

ALSO don't be low balled by a Judge with questions like

DO you accept that Mr LF32 (claims without bank statements)

Can you agree to that..

Stuff they say is show has to have to be an undisputable fact

Nothing wrong by saying "I'm not completely satisfied you honour"

Whatever they put forward as a defense to your EM...if you got time get the court transcript....it's amazing how fast things change "after the motion is over"

This is the stuff going forward that'll cause the other party to look bad...your not under oath at the motion like a trial....anything can be said or claimed...but the transcript is good stuff

Judge is just going to cold call things who ever he believe's most

[LovingFather32]

Well. Here I am. Pinstripe suit and tie, briefcase in hand. Knees shaking and our little girl ony mind. Just a note. She did go to police. Claimed more psychlogical abuse than anything. Alcoholism and pot use. No charges, no restraining orders. Nothing. Theres some kind of report with partner assault I believe. Wish me luck.

[arabian]

You are doing the right thing. Think positive. Speak slowly and clearly. Don't hesitate to ask the judge to repeat something if you don't understand.

Hope you can see your daughter soon!

[OntarioMomma]

I've been following your thread. I haven't contributed as I have no court experience, but I do wish you the best of luck and hope you get some access with your little girl.

[OntarioDaddyMan]

I wish you the best of luck in lieu of my bad luck .

No matter the outcome . You are doing the right thing and don't ever doubt yourself.


Sent from my iPhone using Tapatalk

[FB_]

Best of luck today.

Stay strong no matter the outcome.

[MrToronto]

Little lite reading while you wait......

URGENCY, HARDSHIP ETC.
(4.2) Subrule (4) does not apply if the court is of the opinion that there is a situation of urgency or hardship or that a case conference is not required for some other reason in the interest of justice.O. Reg. 202/01, s. 4 (1); O. Reg. 89/04, s. 6 (4).


Thats the key word..."is of the opinion"

You have "facts" undisputable ones that a Judge will form an opinion on (that you don't have to even prove, this is very important)

1) ex abandoned marriage (both parties agree)

2) ex left the matrimonial home (both parties agree)

3) ex took off or abducted the child (both parties agree)

4) no access to this point (both parties agree) (for whatever reasons)

5) no Separation Agreement or Court Order (both parties agree)

6) LF32 is a legal parent (agreed)



Now the Judge wants to hear the "circumstantial B.S" from other party that is probably half truths...and unproven goobley gook ...if it isn't a undisputed item like the above ...who cares and agree to none of there stuff ...just like they aren't agreeing to any of your stuff

But

1) undisputable is a drug test

2) undisputable clean record

.....disputable is flight risk...but undisputable is your not seeing the child that you have a legal undisputable right to...so if she was in Antarticia or across town ....does it matter proving that .....technically she's already taken off (across town...a short flight lmao)