LF32 "need to see daughter" pt.2

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
 
MrToronto said:
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
Click to expand...

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
 
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
 
MrToronto said:
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
Click to expand...

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.
 
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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
 
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.
 
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?
 
LovingFather32 said:
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?
Click to expand...

$150 / month for how long?

What does this cover?
 
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.
 
FB_ said:
$150 / month for how long?

What does this cover?
Click to expand...

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.
 
Wham Bam ty Ma'am for 150 buck, it's cost effective sorta if the motions are short (hour and a half).

Is she filing the Representation Form? as your lawyer?

That would mean, lawyers talk to themselves (and usually bill you for it)

No trial is 150 bucks with a 500 dollar retainer.

it's very hard to sit queitly during Court and watch a lawyer stumble over the facts

Some lawyers give the discout if the client does all the legwork.

This girl lawyer could make more with a lot less grief working at McDonalds for a day....curious.

There is no peace of mind if you hand your file over, you'll always want to chat with her about items. and getting ahold of her 24/7 isn't possible.

She sounds smart though on this Motion and has some good advise. (the ocl snag being one of them.)
 
Yea I thought the same thing. Or she can charge me $150.00 until the day I die at 80 years old, in which case she's making more than the guy charging $300/hour/$3,000 retainer for a few months to a year.

She said: send your info, We'll have a meeting about it. She'll see if its too complicated to get involved in and discuss $$ more. The perhaps will fill out the "representation form".

Do I send ex's lawyer motion dates in the meantime? Couldn't reach OCL. I got the name of the person handling my case but Voice mail all day. Exs lawyer needs to know Im ready to rock and roll. Then again, he'll receive the hair follicle with 50/50 interim offer in his mail tomorrow or Friday.
 
LovingFather32 said:
Yea I thought the same thing. Or she can charge me $150.00 until the day I die at 80 years old, in which case she's making more than the guy charging $300/hour/$3,000 retainer for a few months to a year.

She said: send your info, We'll have a meeting about it. She'll see if its too complicated to get involved in and discuss $$ more. The perhaps will fill out the "representation form".

Do I send ex's lawyer motion dates in the meantime? Couldn't reach OCL. I got the name of the person handling my case but Voice mail all day. Exs lawyer needs to know Im ready to rock and roll. Then again, he'll receive the hair follicle with 50/50 interim offer in his mail tomorrow or Friday.
Click to expand...

I'm guessing you didn't receive your Rule 19 affidavit today.
 
FB_ said:
I'm guessing you didn't receive your Rule 19 affidavit today.
Click to expand...

Nope. Pisses me off. He follows no rules. Remember, sent an e-mail June 11th, saying all doc's will basically be striked from record, etc if we didn't receive them in 10 days pursuant to Rule 19. So....is his evidence garbage now that he says screw the rules? Doubt it. What kind of slimy lawyer loophole is there now?
 
LovingFather32 said:
Nope. Pisses me off. He follows no rules. Remember, sent an e-mail June 11th, saying all doc's will basically be striked from record, etc if we didn't receive them in 10 days pursuant to Rule 19. So....is his evidence garbage now that he says screw the rules? Doubt it. What kind of slimy lawyer loophole is there now?
Click to expand...

I wouldn't send yours.

Forget about all this and meet that lawyer.

Have you sent your drug test yet?
 
Too late for me not to send mine in. I work in morning, visit with D3 for 3 hours (unless they make it 1) and race back to work. Tomorrow was my due date and I thought since he formally asked on the 12th that I was in doo doo if I didn't. Once again he's one up on me. He didn't bother sending anything.
Hair follicle should be there tomorrow or fri.
 
If she's agreeable to help you "on the side" that would be nice. Expect complicated.

She's already given you the OCL heads up, and how to frame interim, interim, access.

Being "above board" and earnest about settlement means "noting in a future brief that the Lawyer" isn't "earnest by not sending his Affidavit of Documents....and you look great for carrying out your end.

One of the "exhibits" people attach to court documents is a Copy of the table of contents of the Continuing Record. Everything you did and everything the lawyer didn't do is there.

I can't remember if affidavit of doc's is swore served filed in Record or not but the Form 20 is there (under Form 20)

Your Court File is pulled anyways for the Judge, a day or so before any Court appearance. But the more info you have in your filings (without overdoing it) the less he has to look for and the more he just reads your filing.

Just like including endorsements.....there's a number of binders related to your Court File one is the Endorsement Binder (I think it's yellow)... if you include the endorsements in your briefs the Judge doesn't have to refer to that binder).
 
MrToronto said:
If she's agreeable to help you "on the side" that would be nice. Expect complicated.

She's already given you the OCL heads up, and how to frame interim, interim, access.

Being "above board" and earnest about settlement means "noting in a future brief that the Lawyer" isn't "earnest by not sending his Affidavit of Documents....and you look great for carrying out your end.

One of the "exhibits" people attach to court documents is a Copy of the table of contents of the Continuing Record. Everything you did and everything the lawyer didn't do is there.

I can't remember if affidavit of doc's is swore served filed in Record or not but the Form 20 is there (under Form 20)

Your Court File is pulled anyways for the Judge, a day or so before any Court appearance. But the more info you have in your filings (without overdoing it) the less he has to look for and the more he just reads your filing.

Just like including endorsements.....there's a number of binders related to your Court File one is the Endorsement Binder (I think it's yellow)... if you include the endorsements in your briefs the Judge doesn't have to refer to that binder).
Click to expand...

You should see the TOC. She didn't even do her Mandatory Information Program (MIP) which I thought to be .. well .. mandatory. Form 20 sticks out nicely in there. Motion to file late (he wouldn't even consent to that). I like the idea of putting endorsements in and TOC in.

Mr. T. The more I think about the psychology of his previous e-mail, the more I think his case may be hurting (I think). He's scared that drugs/alcohol can no longer be used. He knows a recording (trying to recall a time I yelled even .. never .. just normal bickering between the TWO of us) wont hold much weight .. so whats he left with? Riling me up seems like his last line of defense. Of course he'll go ape sh&^ once he see hair follicle was only a 5 panel drug test .. that'll be his next 3 weeks of rant e-mails (alcohol). I enjoy the way I responded to his last one though.

Regarding the lawyer. It was the free consult lawyer that gave me all he OCL insight. The lawyer I'm pondering has but only warned me that ex's lawyers a hot shot, she's been to his seminar's and I'll need help. I know my case inside out. I have the facts. My problem is the little loopholes .. the things I missed at the CC, etc. All I know is he has to look bad this far right? Ive been calm as a cucumber fir 5 months, drug free, weekly urine tests, at home making access calendars, politely asking to see our daughter. Being child-focused and in settlement mode from day one. They've been mud-slinging rootin tootin cowboys out for bloody war, ignoring any instance of positive communication, settlement and being blatant bullies. Judges are intelligent individuals .. they'll see this right?
And quite frankly I cant wait to see the OCL. I want to talk to them. Show them who I am, let them see D3 with me. I look forward to that actually.
 
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