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.

Closed Thread
 
Thread Tools
  #1  
Old 05-07-2011, 01:15 AM
Tank2 Tank2 is offline
Member
 
Join Date: Mar 2011
Location: Ontario
Posts: 49
Tank2 is on a distinguished road
Default Case Conference Monday.....

Hi again,

So the temp trail period of three months of my daughter living with me as given from my ex has started. We went to mediation and made an agreement.
Since having her her behavior and attitudes have changed a lot. She is much happier and not scared any more. We have CAS Pathways and a few other programs involved. They are all invesagating possible abuse as claimed by our daughter.
Ex has now been told day visits only which are supervised. Either by me and my partner or through a third part agency. First visit she called early in the morning and canceled. Second happened two weeks later. The majority of the visit ex spent on the phone fighting screaming and crying with her husband. He refused to come and refused to allow their children (daughter's siblings) to attend meeting, He wanted ex to come home. She finally agreed but he wouldn't get her. I had to remove our child a few times because it was so bad.

Court gave her an extenstion to file papers. I figured since we had made an agreement outside of court we would wait until the three months was up to take it any further. But that didn't happen. I have been served. She is after sole custody OR if that doesn't work she wants joint with child living with me mostly.

I have talked to her about this and she says she has no idea what her lawyer is talking about and she had my partner explain her own papers to her. The papers are riddled with so many lies and talks over herself so many times. Half of the boxes aren't filled in and ones where it asks for details there aren't any.

At our last visit ex said herself that she believes the child is better off living with me and me having sole custody as her husband doesn't support any sort of relationship between me and my daughter. He wont allow me to have their house number and I had to get ex's mother to get ex to give it to me only to use in extreme urgent times.

So we have our case conference this Monday. They are wanting over nights on weekends and daily phone calls. She already has unrestricted phone access which she almost never uses. I have to force our child to call every other day or so. After phone calls her behavior takes extreme dives and stays like that for a while.

So my questions are....

1. Can at the first case conference the judge order anything that I do not agree to?

2. Can I bring someone in court with me who knows a bit about this stuff to help me. My partner has a slight legal background and could help me a lot but she is not a lawyer. Is there anyways for her to be there? (not as emotional support just legal stuff)

3. Because of how messy her papers are and the fact that they are filled with lies and incomplete answers is there anything I can do about it?

4, I trust my daughter. I believe what she has been telling me. Her mom even admited to some of the abuse. What can I do to protect her? CAS is trying to help us but there has only been one visit so far and because mom and I live in different cities they have to work with another agency to make anything happem. I want her to have a relationship with her mom because it is very important but I don't want my daughter to be in fear or pain because of the relationship. How can I explain this to a judge and prevent over nights for the time being?


Thanks so much.
  #2  
Old 05-07-2011, 01:28 AM
Tank2 Tank2 is offline
Member
 
Join Date: Mar 2011
Location: Ontario
Posts: 49
Tank2 is on a distinguished road
Default

oh and how long before status quo changes from her moms place to mine?
  #3  
Old 05-07-2011, 04:11 AM
lilspinx lilspinx is offline
Member
 
Join Date: Apr 2011
Location: Ontario
Posts: 84
lilspinx is on a distinguished road
Default

Hopefully you get some answers you are looking for in your child protection case conference. For your questions: 1) No - Case Conference orders are made on untested evidence and are generally made on consent of all parties. Consider the conference as a informal gathering of the parties to narrow the issues. 2) Yes and No - Generally they sit down beside you as YOUR notetaker, if you're self represented. This may be allowed, it maynot. Worst case is they will have to sit in the back gallery and can still take notes or the court may just clear the court room because it is a child protection matter. 3) Refute their untruthfulness or half truths in your own reply documentation. 4) How do you explain your concerns to the Judge -- Just like you did. 5) Lastly, Status Quo - My ouiji board is in the shop so really cant answer that today. In summary, It's a child protection matter and CAS is holding the cards and controlling the litigation. Both parents will have to satisfy CAS requirements to resolve the issue. Good Luck!
  #4  
Old 05-08-2011, 11:55 PM
Tank2 Tank2 is offline
Member
 
Join Date: Mar 2011
Location: Ontario
Posts: 49
Tank2 is on a distinguished road
Default

Thanks your info has been helpful!
Closed Thread


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
Case Law, Case Conference and Mediation Free-spirit Divorce & Family Law 5 09-30-2012 09:55 PM
Case Conference first timer Divorce & Family Law 6 02-14-2012 05:21 PM
Filling evidence for Case Conference?? Frustrated_DAD Divorce & Family Law 3 08-09-2011 12:51 PM
Postponing Case Conference frustrateddad1970 Divorce & Family Law 2 06-18-2011 11:38 AM
No doc been served from Respondent for case conference nick2009 Divorce & Family Law 6 01-22-2010 08:38 PM


All times are GMT -4. The time now is 02:22 AM.