Here's my problem. Over two months ago my lawyer and hers came to an agreement to avoid a hearing on custody. I no longer can afford a lawyer. I asked for a copy of the agreement when I discharged him, which was two two months after the agreement was made, and he said he never got it. I asked my Ex's lawyer and I was sent a copy of the draft consent order, a copy was also sent to my former lawyer asking him to sign though I had already filed a notice of intent to self-represent. No one has signed the draft order as of present.
I sent a letter to my Ex's lawyer and outlined some of the minor issues I didn't agree with in the order. She responded without addressing my concerns. She states, if I don't give my former lawyer instructions to sign it, or if I don't sign the draft consent order as it is, she would bring an application to enforce the agreement and would file an affidavit and will seek costs.
My issues are the order is only in effect from 1st March to 30th June or until the matrimonial home is sold. The house is sort of sold- deposit paid with a close mid-june. We could be arguing about the enforcement of an order in front a judge within a week of the order expiring or being expired.
This bothers me so I can't imagine what a judge would think?
The draft order states My Ex is to receive the CCTB. I am filing a claim with CRA. This cannot be enforced so I asked it is left out.
<O</O
I agreed to 50/50 joint custody (she wanted primary care and I wanted shared) without a primary care designation. The draft order states this, but that my Ex will be primarily responsible for choosing the doctors, dentist and vision care providers. Am I stuck with this? My former lawyer said I would be responsible for making the appointments with a counsellor to help the children with coping with the divorce, which my Ex insisted the children needed (however within two weeks of settling this agreement she emailed me saying she thought now the kids were fine). I made the objection that I would therefore make some of the medical appointments.
I feel my former lawyer basically sold this to me saying it is without prejudice and is only for a few months. However, up until this time I was making and taking the kids to all the dentists appointments. I gave this up to avoid the hearing as my lawyer said it would be very expensive for him prepare for. I am worried that this order will be used to establish a new status quo- it is with some prejudice isn't it?
What do I do? Her lawyer gave me two days to respond or she will file an application. I never wanted to consent to giving up primary care of my kids. Already there are issues medically that when they are in my care I should be able to just deal with, letting her know of course, without having her to make the appointments. I was always the person in the past that took them to the doctors. Should I just sign the damn thing, or should I say I can't sign something I don't consent to, regardless of what was agreed to by my lawyer two months ago (there are no notes or signed minutes).
I want to continue making some of the medical appointments (dental). I want shared custody. I don't want to irritate both her lawyer or the judge, but I do not agree with it. BTW I paid the child support that was agreed to, without having the order signed. I cannot get my head morally around signing a consent order that states things I don't right now consent to. Help!
Sorry for the length of the post. I just wanted to accurately describe what's going on. <O
I sent a letter to my Ex's lawyer and outlined some of the minor issues I didn't agree with in the order. She responded without addressing my concerns. She states, if I don't give my former lawyer instructions to sign it, or if I don't sign the draft consent order as it is, she would bring an application to enforce the agreement and would file an affidavit and will seek costs.
My issues are the order is only in effect from 1st March to 30th June or until the matrimonial home is sold. The house is sort of sold- deposit paid with a close mid-june. We could be arguing about the enforcement of an order in front a judge within a week of the order expiring or being expired.
This bothers me so I can't imagine what a judge would think?
The draft order states My Ex is to receive the CCTB. I am filing a claim with CRA. This cannot be enforced so I asked it is left out.
<O</O
I agreed to 50/50 joint custody (she wanted primary care and I wanted shared) without a primary care designation. The draft order states this, but that my Ex will be primarily responsible for choosing the doctors, dentist and vision care providers. Am I stuck with this? My former lawyer said I would be responsible for making the appointments with a counsellor to help the children with coping with the divorce, which my Ex insisted the children needed (however within two weeks of settling this agreement she emailed me saying she thought now the kids were fine). I made the objection that I would therefore make some of the medical appointments.
I feel my former lawyer basically sold this to me saying it is without prejudice and is only for a few months. However, up until this time I was making and taking the kids to all the dentists appointments. I gave this up to avoid the hearing as my lawyer said it would be very expensive for him prepare for. I am worried that this order will be used to establish a new status quo- it is with some prejudice isn't it?
What do I do? Her lawyer gave me two days to respond or she will file an application. I never wanted to consent to giving up primary care of my kids. Already there are issues medically that when they are in my care I should be able to just deal with, letting her know of course, without having her to make the appointments. I was always the person in the past that took them to the doctors. Should I just sign the damn thing, or should I say I can't sign something I don't consent to, regardless of what was agreed to by my lawyer two months ago (there are no notes or signed minutes).
I want to continue making some of the medical appointments (dental). I want shared custody. I don't want to irritate both her lawyer or the judge, but I do not agree with it. BTW I paid the child support that was agreed to, without having the order signed. I cannot get my head morally around signing a consent order that states things I don't right now consent to. Help!
Sorry for the length of the post. I just wanted to accurately describe what's going on. <O
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