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  • Covid-19 and custody/access cases

    How do you think Covid-19 will affect the court system?
    I haven’t heard anything about my upcoming matter yet, but should we expect that upcoming court dates will be deferred? If so, it seems this will greatly affect custody/access trials.
    Weird times for sure.....


    Sent from my iPhone using Tapatalk

  • #2
    Maybe this will be the start to something new. I've been to court many times and wondered what the heck all the lawyers were doing there. Perhaps Family Law needs to move towards a written regime only. Judge examines written briefs, provides written questions back to each party, and allows for opportunity for written reply. No need for lawyers grandstanding on how terrible the other party is.

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    • #3
      That would also stop us having to pay a lawyer for a whole day when he sits around at the court house waiting for your matter to be called. The matter lasts 20 minutes but you just paid him for 6 hours to sit there and wait. It's ridiculous.

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      • #4
        The Canadian Bar Association will fight tooth and nail against any efficiencies in the court system that can see their member's incomes decrease.

        Are you aware that the Canadian Bar Association advocates AGAINST shared parenting? They claim it INCREASES litigation. Can you believe that?

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        • #5
          Originally posted by rvalentines View Post
          Are you aware that the Canadian Bar Association advocates AGAINST shared parenting?
          To be fair, they argued against a presumption of shared parenting, not shared parenting itself.

          Comment


          • #6
            Originally posted by Ange71727 View Post
            How do you think Covid-19 will affect the court system?
            I haven’t heard anything about my upcoming matter yet, but should we expect that upcoming court dates will be deferred? If so, it seems this will greatly affect custody/access trials.
            Weird times for sure.....
            Courts are shut down till June basically. Trials that were in progress have been stopped and they are looking to June as the start date.

            Basically, this will put everything out easily a year or more. Good luck to everyone that depends on the court system to get something resolved. I have a feeling settlement will be the best option for the next year.

            Comment


            • #7
              Originally posted by Tayken View Post
              Courts are shut down till June basically. Trials that were in progress have been stopped and they are looking to June as the start date.

              Basically, this will put everything out easily a year or more. Good luck to everyone that depends on the court system to get something resolved. I have a feeling settlement will be the best option for the next year.
              And I was just about to file my paperwork. Not sure how to proceed now regarding my kids school in the fall.

              Comment


              • #8
                Originally posted by FB_ View Post
                And I was just about to file my paperwork. Not sure how to proceed now regarding my kids school in the fall.
                See latest post by Kinso with recent ruling. Landmark perhaps.

                Comment


                • #9
                  Originally posted by Abba435 View Post
                  See latest post by Kinso with recent ruling. Landmark perhaps.
                  Saw it, but it's not related to COVID at all.

                  Ex moved away and left kids with me. Kids are registered in her old neighborhood and won't sign new school paperwork for them to attend in my area.

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                  • #10
                    Originally posted by FB_ View Post
                    Saw it, but it's not related to COVID at all.

                    Ex moved away and left kids with me. Kids are registered in her old neighborhood and won't sign new school paperwork for them to attend in my area.
                    Joint custody?
                    If yes you can register without her signature.
                    If she is custodian and abandoned the kids you will have an emergency motion heard I expect and will have a very good case for sole custody

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                    • #11
                      Originally posted by Abba435 View Post
                      Joint custody?
                      If yes you can register without her signature.
                      If she is custodian and abandoned the kids you will have an emergency motion heard I expect and will have a very good case for sole custody
                      Yes joint custody.

                      School board has already told me I need her signature when I went to do it myself.

                      And this won't qualify as an emergency. Requires a Motion to Change with a case conference.

                      I had just finished all the paperwork before the courts had shutdown.

                      Comment


                      • #12
                        Please read this post: https://www.ottawadivorce.com/forum/...ad.php?t=23077

                        Comment


                        • #13
                          I've made a thread about my situation. Ex has decided to suspend access indefinitely. Unfortunately it's hard to tell a 5 year old that their brother's mother is batshit.

                          Comment


                          • #14
                            Originally posted by lulubuttons View Post
                            I've made a thread about my situation. Ex has decided to suspend access indefinitely. Unfortunately it's hard to tell a 5 year old that their brother's mother is batshit.
                            See this thread:

                            https://www.ottawadivorce.com/forum/...d.php?p=241670

                            And the results of using the above caselaw in that ^^^ thread in private arbitration.

                            https://www.ottawadivorce.com/forum/...ad.php?t=23083

                            Send the case law to the other parent. Give them 5 days to comply and on day 6 file the emergency order and a book of authorities with that case law in it. If you don't know how to do this retain a lawyer. You WILL get 100% of your costs (for the lawyer) for having to do this. In fact, most lawyers would take this case on without probably having to pay them up front because it is a slam dunk win.

                            Comment


                            • #15
                              This ruling is landmark (IMHO).
                              I sent it over and the argument ended full stop.
                              No breach, no motion, no fees, no stress for kids.
                              Gold.

                              Comment

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