Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #21  
Old 02-12-2018, 04:07 PM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 860
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
The only proper way to do it is have the 18-year-old hire their own lawyer to represent them as was done in S.G.B v. S.J.L. This is very rare.
Taken, (and everyone else), thank you for your responses. I have seen some of the material you have referred me to.

I will try to do this without involving any of my children - and yes... my circumstances have unfortunately been more than extraordinary - but I'm not complaining - i am sure others have and are facing more litigious matters.


At the end of the day, D18, S16, S15, D14 want NOTHING to do with STBX. This is not my doing - and out of respect for my children, I will not go into the very valid reasons they feel that way.

D18 is old enough to refute clear lies. I do not WANT to rely on her testimony... as I said I will do everything to avoid having do to so - but it seems wrong to not allow my D18 to help me when I need her.

I understand that the optics may be that I am placing D18 in the middle of things, but she has chosen NO relationship with STBX - she has her very valid reasons (I am sad about it but I understand). She wants to help her one stable parent.

I am clearly conflicted. I love all my children and I would never harm them. I will do this without involving them, but I still struggle with the decision not to, as I am looking at working for the rest of my life if I lose.

PND
Reply With Quote
  #22  
Old 02-12-2018, 04:29 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 3,409
rockscan will become famous soon enough
Default

Not to derail this but as a kid from a broken parental relationship it is difficult to fully comprehend and deal with the emotions from being let down by a parent. I cannot imagine having to witness the things your kids have. Hopefully you are getting them some help to unpack all this confusion and hurt because once a parent has let you down once, they will continue to do so and the pain of knowing your parent is a whackjob hurts even more than the original hurt.
Reply With Quote
  #23  
Old 02-12-2018, 08:55 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,204
arabian will become famous soon enough
Default

I agree with Tayken. If you are going to do this then make sure your 18yr old is represented independently by her own legal counsel.

I understand the difficult situation you are in. I hope, whatever you decide, you will be able to shut your ex down once and for all.... having things properly recorded to stop the nonsense.
Reply With Quote
  #24  
Old 02-13-2018, 09:00 AM
SadAndTired SadAndTired is offline
Senior Member
 
Join Date: Oct 2012
Posts: 1,150
SadAndTired is on a distinguished road
Default

How old was your daughter when the event actually took place?

Although she is 18 now, her perception of the events may be in question if she was young.
Reply With Quote
  #25  
Old 02-13-2018, 10:02 AM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 860
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by SadAndTired View Post
How old was your daughter when the event actually took place?

Although she is 18 now, her perception of the events may be in question if she was young.
DV event - she was D12

*Intervening* event #1 she was D13
*Intervening* event #2 she was D14

Perception is not so much an issue as D18's ability to rebut STBX denial of occurrence of intervening events.
Reply With Quote
  #26  
Old 02-13-2018, 11:45 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 3,409
rockscan will become famous soon enough
Default

I would be very careful with her testifying in light of the ages. This happened six years ago. She has also had her own issues with her mother that drove her to live with you. From the sounds of it your ex has a sleezeball lawyer and those types feed off situations like this and will attack your childs credibility. If you insist on using her, I agree with others that she have her own lawyer to intervene during questioning.

You really should use the facts you have rather than the witness account from your daughter. You said you have medical evidence which speaks more than what your kid will say. She was 12 when this happened and the other lawyer will work to destroy her credibility. Regardless of how much she wants to help you, being on the stand as a witness and having to face your parent are difficult enough without the added challenge of being berated for your memory. I was a witness in my 20s and the prep I went through was very hard. In the end I didnít testify and it left a mark for a number of years.
Reply With Quote
  #27  
Old 02-13-2018, 12:01 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,796
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by plainNamedDad44 View Post
DV event - she was D12

*Intervening* event #1 she was D13
*Intervening* event #2 she was D14

Perception is not so much an issue as D18's ability to rebut STBX denial of occurrence of intervening events.
Why are you even arguing this stuff... The limitation for this stuff is 2 years in Ontario. The writ of damages is for something that happened more than 2 years ago.

Honestly... You should have a lawyer.
Reply With Quote
  #28  
Old 02-13-2018, 12:06 PM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 860
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
Why are you even arguing this stuff... The limitation for this stuff is 2 years in Ontario. The writ of damages is for something that happened more than 2 years ago.

Honestly... You should have a lawyer.
No its not, changes to the Statue of Limitations in March of 2016. I have several lawyers.
Reply With Quote
  #29  
Old 02-13-2018, 12:54 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,796
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by plainNamedDad44 View Post
No its not, changes to the Statue of Limitations in March of 2016. I have several lawyers.
So the claim against you is for sexual assault? That was the only change I was aware of. Your daughter witnessed you sexually assault the other parent?!
Reply With Quote
  #30  
Old 02-13-2018, 01:04 PM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 860
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
So the claim against you is for sexual assault? That was the only change I was aware of. Your daughter witnessed you sexually assault the other parent?!
No not sexual assault. - from Statute of Limitations 16 (1) h2

16 (1) There is no limitation period in respect of,

(h.2) a proceeding based on an assault if, at the time of the assault, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and the person who committed the assault:

(i) they had an intimate relationship,

(ii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
memo from superior court re: self representation fieldgrey Reference 9 07-30-2011 01:03 PM
Help, he is taking me to court bcuz I don't "force" our daughter to call him scarycheri Divorce & Family Law 30 07-03-2009 02:09 AM
objection to witness/expert witness dvr Divorce & Family Law 1 04-17-2007 08:08 AM
can a witness be supeoned by both sides dvr Divorce & Family Law 1 04-10-2007 11:27 AM
Medical records? Psych eval? sasha1 Divorce & Family Law 9 05-11-2006 08:40 PM


All times are GMT -4. The time now is 08:26 PM.