Not Impressed with These Judges

[macdonaldgal]

So I self Represented at the Settlement Conference and it was a big waste of time nothing was settled.

I feel that I was not treated fairly by the judge. He interrupted me several times when I was speaking and after a lame attempt he ordered us all to trial.

Isn't he suppose to make an honest attempt to mediate or is that pretty normal. I was reading a could make a complaint and I'd like to. I don't think this judge should treat self reps like that as many ppl are forced into this position, Sure I would much rather have a lawyer if it was affordable!

So is it true the judge can order nothing at settlement con?

My ex is not allowing me court ordered access to my son and he's admitted now his allegations were false isn't that going to look rather bad on him for trial as well. In my opinion the Family Law Court needs serious improvements!!!!

[WorkingDAD]

So I self Represented at the Settlement Conference and it was a big waste of time nothing was settled.

I feel that I was not treated fairly by the judge. He interrupted me several times when I was speaking and after a lame attempt he ordered us all to trial.

He can do it when he think that you your or other party talking about is irrelevant or waist of time

Isn't he suppose to make an honest attempt to mediate or is that pretty normal. I was reading a could make a complaint and I'd like to. I don't think this judge should treat self reps like that as many ppl are forced into this position, Sure I would much rather have a lawyer if it was affordable!

So is it true the judge can order nothing at settlement con?

Yes it is to some extend. They can order something regarding procedural stuff but nothing regarding parties pleading unless there is consent from both parties...

As for complaint and treat of self-rep. Believe it or not but judge can get into trouble from self-rep more than from lawyer. From all what I read (what judge should and should not do regarding self rep) they have to be very careful. It very slippery road to get his decision returned by Court of Appeal.

I would not bother to go after Judge on Settlement Conf. Effort just not worse outcome...

My ex is not allowing me court ordered access to my son and he's admitted now his allegations were false isn't that going to look rather bad on him for trial as well. In my opinion the Family Law Court needs serious improvements!!!!

where he admitted it? On affidavit or during settlement conf? If second - you will not be able to use it on trial. As my ex lawyer said to me Family Court filled with lying people and if you want them to get caught Trial is only way (what I actually did and can confirm it from my own experience).

As for access - contempt motion.

On positive side if you do not like that Judge good thing he will not be your Trial Judge ..

[tmac]

I was going to go self rep. I had 1/2 hour legal advice and she said holy crap the mess that my ex has everything there is no way I could do it myself. so went to court next day and adjourned it for one month.

applied for legal aide now waiting for a call for an appointed lawyer.

the free legal advive said I had all the information (financial papers) I would need but so over my head that I would need a lawyer to get it right

good luck to you,

[fatherles]

Should you File a complaint angainst the Judge

Yes go ahead and do not turn back the problem stem from the Judges not following the law. We have to stand together and complaint so you can do this at the Judicial Council google and easy to file your complaint

[WorkingDAD]

Yes go ahead and do not turn back the problem stem from the Judges not following the law. We have to stand together and complaint so you can do this at the Judicial Council google and easy to file your complaint

I am not saying that we have to turn back to the problem. But if you want to make difference and get result form your complaint you have to have real good ground...

what would be ground in this case? judge interrupt couple of times on settlement conf? It is not quantity of complains but quality what is matter too.

By flooding Judicial Council with minor complains IMHO will not make difference...
Again I am not saying that OP should not do it. At the end of the day it her/his call as she/he only knows what really happened.

[fatherles]

I heard that the complaints are up 40 percent this year hmm does that not tell you something

[Skndlz2904]

Isn't he suppose to make an honest attempt to mediate or is that pretty normal.

That's pretty normal in high conflcit cases. The Judge felt that the conf is not going anywhere and if nobody proposes mediation, or one party wants to litigate no matter what, a trial will be scheduled asap.

That happened on my case conference (the one and only). We were scheduled for a trial on a blitzlist and I have a trial coming up in a week. Two and a half months since the start of application (I know). I'm looking for a way to adjourn it now because I'm not ready.

[macdonaldgal]

That's pretty normal in high conflcit cases. The Judge felt that the conf is not going anywhere and if nobody proposes mediation, or one party wants to litigate no matter what, a trial will be scheduled asap.

That happened on my case conference (the one and only). We were scheduled for a trial on a blitzlist and I have a trial coming up in a week. Two and a half months since the start of application (I know). I'm looking for a way to adjourn it now because I'm not ready.

we have a date in December to get a trial date. How long do you all think it will be till we go to court. I have to raise money for a lawyer. It is about access only. How much do you all think it may cost for a trial??

[standing on the sidelines]

what are you proposing and what does your ex want in regards to access? Costs can skyrocket if you are both stubborn in your positions

[Skndlz2904]

No one can answer you that question, it depends on which court you are at and that specific courts schedule. I assume it would be anywhere between 2-6 months. Obviously, you try to push for what's in your best interest.

Standing has a point, more litigation = more cash to cough out.

[macdonaldgal]

Yes go ahead and do not turn back the problem stem from the Judges not following the law. We have to stand together and complaint so you can do this at the Judicial Council google and easy to file your complaint

Thank you Father less, I agree at some point ppl in public service forgot they are to serve the public... all of them Children's Aid Society's, Police etc etc etc. They are paid good by the public's tax dollars they need to be held accountable and do their jobs ethically and by the law!

[macdonaldgal]

what are you proposing and what does your ex want in regards to access? Costs can skyrocket if you are both stubborn in your positions

He has custody and he wants it changed down to 18 hours per month with no overnights! He's being unreasonable so I have no choice but to raise money for trial. Myself I wasn't getting half the summer and I want to use the school or supervised centre to have no contact with him since we have so much conflict. My position is reasonable and all his reasons for his position are twiddling away except he had a psychologist write a really negative report with no recommendations for any access though. Apparently my child is at risk of developing an anxiety disorder from all our conflict and this of course is all my fault even though I only get him every other weekend and for 4 hours on Thursday on the off week...
The report is pretty bogus. Allot of it is "according to my ex" statements. My Aunt is steaming too because she put in her report "according to my ex" my dad is bi=polar with no access to medical records and she didn't even ask me to verify if that was even the case??? Great professionalism there! I'm working on a complaint for that one too. My Aunt (my dad's sister) also want to go after her.
I was reading I can get my own psychologist to read and critic the report. Wonder how expensive that will be??

[LostFather]

we have a date in December to get a trial date. How long do you all think it will be till we go to court. I have to raise money for a lawyer. It is about access only. How much do you all think it may cost for a trial??

The Judge can order nothing at a sc unless both parties agree. The can order as one other poster said on administrative including cs.

I would tell you from my experience approx 5-6k per ay plus. I say plus because of all of the prep. Extra appearances. When all said and done 30-45k.

As for not getting the same judge....thats what happened to me...got a judge who was very openly critical of me. Of all the judges I've been before, I get that moron. Even though the other judges I was before didn't always rule in my favor, the majority of them at least had some sort of appearance of fairness and unbias. This judge was asleep at the wheel at best nothing short of incompetent. He was a criminal judge and should of stayed there in my opinion as he knew nothing of family law.

[WorkingDAD]

The Judge can order nothing at a sc unless both parties agree. The can order as one other poster said on administrative including cs.

I would tell you from my experience approx 5-6k per ay plus. I say plus because of all of the prep. Extra appearances. When all said and done 30-45k.

depends on lawyer's fee. For SRL it's totally different calculation. Keep in mind Cost what yo may be ordered to pay for other's party lawyer

As for not getting the same judge....thats what happened to me...got a judge who was very openly critical of me. Of all the judges I've been before, I get that moron. Even though the other judges I was before didn't always rule in my favor, the majority of them at least had some sort of appearance of fairness and unbias. This judge was asleep at the wheel at best nothing short of incompetent. He was a criminal judge and should of stayed there in my opinion as he knew nothing of family law.

You can not have the same judge for Trial. Are you saying that you got judge from SC to be your Trail Judge?

[Tayken]

So I self Represented at the Settlement Conference and it was a big waste of time nothing was settled.

I feel that I was not treated fairly by the judge. He interrupted me several times when I was speaking and after a lame attempt he ordered us all to trial.

Isn't he suppose to make an honest attempt to mediate or is that pretty normal. I was reading a could make a complaint and I'd like to. I don't think this judge should treat self reps like that as many ppl are forced into this position, Sure I would much rather have a lawyer if it was affordable!

So is it true the judge can order nothing at settlement con?

My ex is not allowing me court ordered access to my son and he's admitted now his allegations were false isn't that going to look rather bad on him for trial as well. In my opinion the Family Law Court needs serious improvements!!!!

1. Perjury in Family Law is so rampant that Judges expect it. Emotions run high when children and divorce mix. There are specific "lies" that you should never make.

a. False allegations of domestic violence. This is a form of abuse itself.
b. Financial statement "mistakes" (aka lies) which are easy to prove.

2. You are dealing with a they-said I-said situation filled with "emotional reasoning".

3. The decisions are made on the "balance of probability". So if you are 51% telling the truth it becomes the truth.

4. No one is ever charged with perjury in Family Court. There are a lot of "loop holes" including ones "emotions" where excuses like "I didn't know what else to do..." are common. Even when the result of the "didn't know what to do" was breaking the law.

5. Having someone lie on your behalf in an affidavit. 98% of people swearing affidavits are not aware that anything and everything in them can be cross examined. The problem is that most slimy lawyers will put anything forward as only 10% of cases go to trial. It is easy to lie on paper. Near impossible to do on the stand.

6. Anyone who won't consent for questioning on their sworn affidavit evidence is a lying. If the other party requests questioning on your affidavit evidence and you avoid/refuse expect to see a motion for it and that person to win the motion for it and you paying costs. Everything you put to paper in an affidavit may get questioned. (It should be questioned!)

7. Lies have short legs.

Good Luck!
Tayken