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LF32 "need to see daughter" pt.2

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  • #16
    Originally posted by LovingFather32 View Post
    Ms. _____ proposes that your access to _____ be on Thursdays from 2-3 p.m. as supervised by _____.


    I replied:

    This is to confirm Thursday's visit with ______ 12-3, supervised by ______.
    Just wondering if you really did that? On purpose?

    Good on you

    Comment


    • #17
      New digs...I like the it.

      I see the Lawyer has finally widened his allegations. Hard to ride a one horse pony into Court (on drug allegation).

      He's did the 1 hour for some purpose, why do that I don't know, LF32 isn't bouncing off the walls anymore. (or as hard)

      Of course the 1 hour access lawyer offered , I can't see him adding that ridiculous letter to his Motion Reply, (of course LF32 is going too)

      I agree with the free lawyer to make a very reasonable offer for access because Joint is going to be difficult and stapling the query of status of OCL to LF32's brief.

      I agree the Rule 19 stuff is due on 26

      I agree Form 20 is already overdue and rejected.

      I think the CC judge said something about a motion and that Judge got an OCL involved....didn't he say if a clean drug test came through and something else about a motion?

      I would also like to add (educate) on court brief writing:

      - don't lead a Judge to "your conclusions", it's a big no no and Judges get irritated by it. Sentence words like:

      I believe.....you must agree....I think....it's concluded....I feel...my spider senses....e.t.c

      Just Facts...dates...times...exhibits

      Second SPELL CHECK always

      Third don't use big wording treat the brief like your writing a laymen

      Comment


      • #18
        Originally posted by paris View Post
        Just wondering if you really did that? On purpose?

        Good on you
        Yes I did. He makes typos all the time. I have no idea if this was a typo or not. All I know is t said 2:00pm - 3:00pm. If she shows up at 1:00pm that'll be upsetting but what can I do until a motion. No hours stipulated in order. Thus, I could keep her all day supervised and be still on the right side of the law. Problem is I wont see her again until I bring ex to court.

        Its a dirty game and nobody seems to care about the best interests of D3 but me. That's bothersome!

        Comment


        • #19
          Kudo's for learning "not to validate" his slander by replying to it....ignore it you did the right thing

          don't let him build a case on anything by using you.

          and that one hour ain't a typo...that letter was for you too "sell yourself out" by writing a angry rebuttal

          just smile and say thank-you (that's more annoying than anything)

          Comment


          • #20
            Mr. Toronto:

            You know what? My heart skipped a beat for a second then I smiled. I know he wants me to sound defensive and write him a novel. I thought about you guys while writing the response I wrote. Im evolving. A few months ago I would have wrote with more emotion.
            Im curious if I may actually be getting his stuff. He wouldn't blatantly acknowledge rule 19,ask me to send mine then not send his right? That's why the "yelling at ex" stuff coming up now? Because Im about to receive doc's on it?

            Also, you think the last part of his e-mail was a "lawyer trick"? i.e -

            "If you would prefer a different time on Thursday, let me know"

            Okay ..since when has he asked me what time I'd like EVER?

            Was this a trap so he could tell the judge "Hey, LF32 is saying he wants hours .. I asked if he wanted other hours ... he said 3 your honor".

            Or perhaps to make sure he's telling the judge he's willing to work around my work schedule? Or was he just being flexible with their "1 hour"?

            Either way... It's weird.
            Last edited by LovingFather32; 06-24-2014, 07:48 PM.

            Comment


            • #21
              Lawyers working on this file...he sits with his magnifying glass reading everything you write and watching your home movies...Just like he spent time today pulling out the Reply to your Application ....looking for a slander item (a sort of yelling one, which in my day where teachers hit us kids with rulers and pointers, and principals dished out the strap seems laughable today)

              Sat for a few minutes and debated how was he going to piss LF32 off today so he can get some dirt for his Trial. He may even of giggled to himself that your too scared to produce the Drug Test because it's a fail, and wants to pile on

              So you can't assume anything about the lawyer, your job is too eat away at his position...ignoring the lawyer is part of it and play only your GAME

              That slander in the Reply to you Application is all he's got, and until you see disclosure you aren't talking about it.

              The longer he non discloses the worse it is (maintaining a false status quo on allegations...just like your ex by abducting D3 is doing it)...because it's clear the supervised access is going just fine and dandy.

              Stay completely away from the ex when D3 is picked up...the lawyer may be coaching her to have a incident,

              Just have your radar up because of "a change" by the lawyer

              Comment


              • #22
                Originally posted by MrToronto View Post
                Lawyers working on this file...he sits with his magnifying glass reading everything you write and watching your home movies...Just like he spent time today pulling out the Reply to your Application ....looking for a slander item (a sort of yelling one, which in my day where teachers hit us kids with rulers and pointers, and principals dished out the strap seems laughable today)

                Sat for a few minutes and debated how was he going to piss LF32 off today so he can get some dirt for his Trial. He may even of giggled to himself that your too scared to produce the Drug Test because it's a fail, and wants to pile on

                So you can't assume anything about the lawyer, your job is too eat away at his position...ignoring the lawyer is part of it and play only your GAME

                That slander in the Reply to you Application is all he's got, and until you see disclosure you aren't talking about it.

                The longer he non discloses the worse it is (maintaining a false status quo on allegations...just like your ex by abducting D3 is doing it)...because it's clear the supervised access is going just fine and dandy.

                Stay completely away from the ex when D3 is picked up...the lawyer may be coaching her to have a incident,

                Just have your radar up because of "a change" by the lawyer
                That e-mail was purely to antagonize and stimulate a negative response and set up his next pool of accusations. Youd think somebody with anger control issues would have done something irrational in the past 5 months since his child was abducted on BS allegations. Id love to see his evidence that a)I have anger control issues and b)proof of anything that has to do with D3

                Comment


                • #23
                  Considering the advice from the free lawyer, which flows with what I wrote on playing it safe and not going directly with 50-50 at the motion (there would be almost no need for a OCL, settlement conference or really a Trial if you got that)

                  Playing it safe is "what you can live with" as this matter grinds along. And what a Judge would most likely grant.

                  Overshooting on access is risky, "interim access" is by it's very definition interim until this matter is resolved.

                  Like I said before the Slander is coming into play at the motion, you have to prepare as if all of it is coming (which isn't much)

                  But you won't know until you get the Reply. prior to the motion to what extent

                  It's also entirely possible he'll go for dismissal because of the OCL with Costs

                  But you won't know that again either until you get the Reply

                  It was discussed (the case law where ex-wife got the mother to supervise for overnights) that case was just a long motion for interim and the Trial was some ways off.

                  I think the stuff with the lawyer where he purposely mixes up months and hours.

                  and gives zero indication on increasing access beyond 3 hours, forces you into a Motion just to get a little more access.

                  Justice so-so at the EM on date directed parties to make access offers.(endorsement)

                  Justice PeeAlot set interim supervised at CC on date (endorsement)

                  Respondent Mother decided 3 hours, once a week was adequate.

                  Applicant Father is informed by Hotshot no SC until OCL

                  OCL is sometime away (attachment)

                  Without the Courts assistance Applicant Father would still have no access.
                  .................................................. ..............................................
                  I think if it's laid out simple enough for a Judge he may overlook if the Lawyer wants a dismissal because of OCL or the slander that you deny.

                  You have a pretty good position at the Motion for protesting any allegation by OP found in their lousy affidavit.

                  No Disclosure EM
                  No Disclosure CC
                  No Disclosure Form 20
                  No Disclosure Affidavit of Documents
                  No Disclosure by written request

                  Mediation is declined by Respondent Mother and Legal Aid Ontario because of unsupported allegations by Respondent Mother.

                  Applicant Father asks the Court to consider:
                  Voluntary pee in a cup Negative (attachment)
                  Voluntary hair (attachment)

                  Applicant Father has obtained a Background Check (attachment)

                  Applicant Father works with

                  e.t.c

                  Comment


                  • #24
                    Originally posted by MrToronto View Post
                    Considering the advice from the free lawyer, which flows with what I wrote on playing it safe and not going directly with 50-50 at the motion (there would be almost no need for a OCL, settlement conference or really a Trial if you got that)

                    Playing it safe is "what you can live with" as this matter grinds along. And what a Judge would most likely grant.

                    Overshooting on access is risky, "interim access" is by it's very definition interim until this matter is resolved.

                    Like I said before the Slander is coming into play at the motion, you have to prepare as if all of it is coming (which isn't much)

                    But you won't know until you get the Reply. prior to the motion to what extent

                    It's also entirely possible he'll go for dismissal because of the OCL with Costs

                    But you won't know that again either until you get the Reply

                    It was discussed (the case law where ex-wife got the mother to supervise for overnights) that case was just a long motion for interim and the Trial was some ways off.

                    I think the stuff with the lawyer where he purposely mixes up months and hours.

                    and gives zero indication on increasing access beyond 3 hours, forces you into a Motion just to get a little more access.

                    Justice so-so at the EM on date directed parties to make access offers.(endorsement)

                    Justice PeeAlot set interim supervised at CC on date (endorsement)

                    Respondent Mother decided 3 hours, once a week was adequate.

                    Applicant Father is informed by Hotshot no SC until OCL

                    OCL is sometime away (attachment)

                    Without the Courts assistance Applicant Father would still have no access.
                    .................................................. ..............................................
                    I think if it's laid out simple enough for a Judge he may overlook if the Lawyer wants a dismissal because of OCL or the slander that you deny.

                    You have a pretty good position at the Motion for protesting any allegation by OP found in their lousy affidavit.

                    No Disclosure EM
                    No Disclosure CC
                    No Disclosure Form 20
                    No Disclosure Affidavit of Documents
                    No Disclosure by written request

                    Mediation is declined by Respondent Mother and Legal Aid Ontario because of unsupported allegations by Respondent Mother.

                    Applicant Father asks the Court to consider:
                    Voluntary pee in a cup Negative (attachment)
                    Voluntary hair (attachment)

                    Applicant Father has obtained a Background Check (attachment)

                    Applicant Father works with

                    e.t.c
                    Precisely. I would think the successful supervision (Supervisors notes) would go a long way as well. Getting set up with motion I just have to figure out something reasonable (weekends with a wed overnight?) or EOW with Wed overnight? The lawyer may be correct about the 50/50. Of course I want nothing less than that but Im not sure a judge will do that in the interim with all this going on. What I cant live with is what's happening right now. I dont sleep. Ive been psychologically abused with this for 5 months now. Difference is I don't get a multitude of free counselling, lawyers and other svc's to go along with my trauma.
                    Last edited by LovingFather32; 06-25-2014, 06:27 AM.

                    Comment


                    • #25
                      I agree with the "supervisors notes" put into your affadavit as another exhibit.

                      But to get to that point. You must pass the Judges WHY test.

                      Why are you here today in Court.

                      If you don't pass the WHY part.. a affadavit of exhibits won't matter because out the door the matter goes (no time for it) (too much material to go through) (lawyers objecting to being there) (too many cases on the docket that day and Judge wants lunch).

                      So you have to get right to the point of why you brought the Motion it has to grab the Judges attention and make him/her want to read further.

                      1) On ( March date) ex removed D3 from the primary residence and went to a womens shelter(name of shelter?).

                      2) As of March I have seen D3 7 times for 3 hours, once a week

                      3) This is the Respondent Mothers intereptation of 'access" under Honourable Justice xxx CC endorsement

                      4) The 3 hour access is the Respondent Mothers "bottom line", she will not negotiate to increase it, because of this the Applicant Father has brought this Motion

                      Just a thought

                      Comment


                      • #26
                        As per MrToronto's thoughts on not getting 50/50 at motion. I would update your order requests as follows

                        1. An interim order for joint custody of xxxxxxxxxxxx
                        2. An interim order for a shared parenting access arrangement as follows:

                        [insert your plan here]
                        here is an example
                        i) Every Monday and Tuesday with the Respondent;
                        ii) Every Wednesday and Thursday with the Applicant;
                        iii) And each parent to have every other weekend,; and
                        iv) An equal division of all holidays and special occasions.

                        3. In the alternative to #2, such other reasonable shared parenting arrangement as deemed just and in the best interests of the child.

                        4. In the alternative to #2-#3, such other reasonable increased interim access as deemed just and in the best interests of the child.

                        Basically if you get any increase in access you have not technically lost and it will be harder to have costs ordered against you.

                        Comment


                        • #27
                          Both AMAZING suggestions. Thank you so much guys. Called OCL. Got voice mail.
                          I have a few options here.

                          1. Send him dates today for a 1.5 hour motion (whether I reach OCL or not)
                          2. Wait until I reach OCL then send dates
                          3. Send my stuff of to that lawyer and put my "access fate" in her hands. Coincidentally, the same female lawyer Ive been speaking of was referred by lawyer at FLIC. Small world. She's asking $500 retainer and a monthly of $150. Isnt that a bit low?

                          Comment


                          • #28
                            Originally posted by LovingFather32 View Post
                            Both AMAZING suggestions. Thank you so much guys. Called OCL. Got voice mail.
                            I have a few options here.

                            1. Send him dates today for a 1.5 hour motion (whether I reach OCL or not)
                            2. Wait until I reach OCL then send dates
                            3. Send my stuff of to that lawyer and put my "access fate" in her hands. Coincidentally, the same female lawyer Ive been speaking of was referred by lawyer at FLIC. Small world. She's asking $500 retainer and a monthly of $150. Isnt that a bit low?
                            $150 / month for how long?

                            What does this cover?

                            Comment


                            • #29
                              4. In the alternative to #2-#3, such other reasonable increased interim access as deemed just and in the best interests of the child.

                              I like this. A "blanket offer" (did I coin that?) I should get these dates off to this guy huh?
                              1. I sent him that registered letter with the test results plus the 50/50 interim offer. Ill just send him another offer (the one above).

                              Lawyer was certain (like she knew for a fact) he'd be going for costs with OCL thing.
                              She said to word it like this:

                              I have made efforts to contact OCL and retrieve the status of my file, please see the attached status. I would have waited for the OCL report but the access has been left to the Respondent's discretion. They've only allowed 3 hour maximum, supervised access and are now attempting to cut that to one hour.
                              - include hair test, weekly urinalysis, unsupervised
                              - summer/holidays (as FB pointed out above).

                              She said in the very least it could be an "interim-interim order" to get at the very least unsupervised (limited change) for say 2 days/week Of course Id like more.

                              Comment


                              • #30
                                Originally posted by FB_ View Post
                                $150 / month for how long?

                                What does this cover?
                                Don't know for how long. Im guessing a long time Covers everything. Goes to court for me, etc. I looked her up on canlii. She wins 50/50 A LOT.
                                I put my ad somewhere. A guy got back to me giving her name. He said the usual drugs, alcohol, violence (god that's common) and she got him 50/50. He told me the price. I thought a scam. She confirmed her price over phone and courthouse referred her to me.

                                Comment

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