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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #21  
Old 06-24-2014, 08:56 PM
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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
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  #22  
Old 06-24-2014, 09:29 PM
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Quote:
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
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  #23  
Old 06-25-2014, 12:14 AM
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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
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  #24  
Old 06-25-2014, 06:09 AM
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Quote:
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 at 06:27 AM.
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  #25  
Old 06-25-2014, 10:46 AM
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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
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  #26  
Old 06-25-2014, 11:05 AM
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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.
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  #27  
Old 06-25-2014, 11:20 AM
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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?
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  #28  
Old 06-25-2014, 11:22 AM
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Quote:
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?
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  #29  
Old 06-25-2014, 11:30 AM
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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.
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  #30  
Old 06-25-2014, 11:33 AM
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Quote:
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.
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50/50, abduction, access, custody, false allegations


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