Making sure im on the right path.

I've been away from this site for way too long. arabian, I don't think we've met, but I like you. :)

SynGries... I've only scanned the thread, but started at the beginning. You still don't know if this little boy is yours? You need to find that out, right now. Is your condition hereditary? Don't you think it's important to find out for this child's sake? I seriously hope this child is NOT biologically yours, and that has nothing to do with your health condition.
 
SynGreis said:
Or it can be for minuscule amounts such as 20$ or 50$ to which is not worth the effort for the amount of time that is required to be put in.
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This part really made me roll my eyes. You are so worried about the amount of child support you have would have to pay and trying to figure out the bare minimum. If you can't afford a measly $150 a month, you better take whatever jobs you can get. The amount of time you are spending on figuring out how little in CS you can get away with paying, you probably could have made a $100.
 
uhm no. i still have the child support from the past months, they just will not take it. so when i go back to court ill have to bring it up and maybe direct the court to create a trust so i can pay into that.
 
uhm no what? You are saying you can't pay peanuts for child support and working for $50 is a waste of time. So you've got $450 in a bank account, I probably have that in my change jar on my dresser. One session of gymnatics or a couple swim lessons and that $450 is gone. Kids cost alot of money man, you better get it together and save alot more than that.
 
yea i am saving as much as i can. 150$ is equivalent to about 19k a year.

if you get 19k a year thats minimum wage taking the odd days off.
 
SynGreis said:
yea i am saving as much as i can. 150$ is equivalent to about 19k a year.

if you get 19k a year thats minimum wage taking the odd days off.
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Yea except you are capable of making more than that but choose not to. You should feel ashamed of yourself. The child is lucky to have one parent that actually cares for him.
 
"Uhm no. i still have the child support from the past months, they just will not take it. so when i go back to court ill have to bring it up and maybe direct the court to create a trust so i can pay into that."

** Uhm, Hello?? YOU will not and CANNOT "direct the Court" to do anything. The Court will direct YOU. **
 
uhm no, you can motion the court to accept payment as a medium should the respondent or other party refuse. i see it done all the time in situations like these.

This is for both civil and family. tenant and landlord happens way to often also.
 
I decided to go back through my case and begin building a case for the trial(should it happen) and i just realized.

Does the application require an affidavit other then the custody/access one?

Does the reply require an affidavit??

Can an affidavit be made that would summarize the total list of events and be used for my case in general form?

Something im just pondering, some insight is always appreciated.
 
I'm not quite sure what you are asking, so I'll just answer in general.

Your application should be in the form of:
1. Your issue.
-a)Your conclusion; what you want to happen
--i) Reason why this should happen
---1. Factual support for this reason
----a) Warrant connecting the relevance to the original issue

You may have more than one issue, and of course more than one reason or set of facts in support. Your application should be positive; that is, you should be supporting what you are seeking, not tearing the other party apart.

They will answer and tear you apart. To be expected.

Your reply should address their answer. It should not repeat what was said in the application, unless (it can happen) they just ignored your factual support and went on a rant. Your previous facts may refute their allegations, this can be mentioned, but on the whole avoid going over previous ground.

This is like a debate. You give your reasons; they refute you and give their reasons; you then have a chance to refute their reasons. In essence you both get 2 turns: You apply, they refute; they apply for what they seek, you refute.

Your affidavit should support your reasons, either by you referencing factual evidence or by swearing that something is so. Obviously the factual evidence is superior (bank statements, signed letters, verifiable emails, etc.)

Your reply should have an affidavit for any factual support you provide to support your refutations.
 
SynGreis said:
I decided to go back through my case and begin building a case for the trial(should it happen) and i just realized.
Click to expand...

Thinking about trial already? I can't wait to see your youtube video for the mockumentary on "mens issues" in divorce.

SynGreis said:
Does the application require an affidavit other then the custody/access one?
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An Application is just that... An application. If your application has a request for custody and access you have to file a Form 35.1 in accordance with Rule 35.1 of the CLRA. So if you are applying to court for custody and access you have to fill out a Form 35.1 and file it into the continuing record.

You will then have to go to a case conference, unless you have brought forward an "urgent" matter which can be heard prior to a case conference.

Otherwise you will go to a CC. If matters are litigious and high conflict a judge at a CC could order you to a motion to resolve the substantive issue.

If there is an opportunity to settle off to a Settlement Conference you will go.

It generally takes 2 years to see a trial in a matter. Unless one (or both parties) demonstrate complete lunacy in their allegations (say someone starts projecting OACP jargon and weirdness) then you will find yourself on the "fast track" to the trial list.

Sittings for trials are very hard to get so if you want to get to trial really fast. I highly recommend a "freeman on the land" position to get there. Another really fast way to get a trial is to tell the judge what to do, that they are only a judge over rivers and the shore or something like that. Or try to tell the judge what the law states etc... They really love to fast track those people to the trial list and I am quite sure Kirk from the Globe and Mail will be sure to show up.

SynGreis said:
Does the reply require an affidavit??
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No. Application and reply are not affirmations to the truth.

SynGreis said:
Can an affidavit be made that would summarize the total list of events and be used for my case in general form?
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An affidavit is filed generally for use as evidence in a motion (for temporary relief). Make sure that when you are reading stuff randomly on the internet that you don't read the US family law stuff. Some states let you file affidavits (depositions) till your head explodes. Such is not the case in Family Law matters in Ontario.

SynGreis said:
Something im just pondering, some insight is always appreciated.
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YOu should go out and buy "Tug of War" written by the Honourable Mr. Justice Brownstone. Every Chapters in our country typically has 10 copies in stock.

Good Luck!
Tayken
 
Mess said:
Your reply should have an affidavit for any factual support you provide to support your refutations.
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Generally you don't need to affidavit the Application and Response right off the bat. Best to keep things till after the CC most times. First off the judge at a CC can't make an order on a substantive issue anyways. Secondly, you can put the relevant information into a CC brief as well.

Affidavits are in my opinion best served cold on a motion. Affidaviting before motinging may be to much "inging" prior to a CC.

Good Luck!
Tayken
 
Thanks tayken. you confirmed my suspicion.

i just felt that i should ask to confirm. her answer was accompanied with an affidavit only because she was serving an urgent motion. to which she withdrew before court.

i wasn't sure if it would be acceptable if i create a "master affidavit" since there is a lot of events that transpire alleged or not regardless they transpire.

i was aware that no motions can be made on substantive issues until after at least a case conference.

i only think about trial because i checked the books with bonnie and she said that trials are completely open as they do not have alot of scheduled conferences or any trials so therefor the schedule is very open. she said that if we were at the final stages she can lock us in by feb.

Also tayken i have not talked about doing the FMOTL approach at all and i did not put anything like that in any of my court documents. Can you lay off of it a bit, your group profiling me. My court documents strictly sticks to the facts and i do the best i can, that freeman approach does not exist in this venue.
 
SynGreis said:
Also tayken i have not talked about doing the FMOTL approach at all and i did not put anything like that in any of my court documents. Can you lay off of it a bit, your group profiling me. My court documents strictly sticks to the facts and i do the best i can, that freeman approach does not exist in this venue.
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I think we should respect you on this. I do hope that the mother does not try to make an issue of it either. Ideally if you can stick to the basic issues.

Do you have her answer yet? If she brings it up she will have to show relevance. You should reply to any points she tries to make.
 
Mess said:
I think we should respect you on this. I do hope that the mother does not try to make an issue of it either. Ideally if you can stick to the basic issues.
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I am still awaiting answers prior to with regards to the following allegations made regarding miss conduct of the justice in these matters by the person in question:

http://www.ottawadivorce.com/forum/f4/making-sure-im-right-path-13394/index9.html#post112747

http://www.ottawadivorce.com/forum/f4/making-sure-im-right-path-13394/index9.html#post112749

frank ocollins absolutely ripped this justice apart, that the justice had to retract and revise his judgment because of prejudice. In court prejudice exercised at that amount is enough to getnthat judge thrown in the brig/jail.
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Last time I checked "that judge" has not been thrown "in the brig/jail" and no Appeal has been made in the matter. Honestly, has anyone read Frank O'Collins profile on UCADIA other than me? The person who "ripped this justice apart". Even investigated what UCADIA | Future.Life.Concepts is?

Here is the profile of the guy who absolutely "ripped this justice apart" and apparently had to "retract and revise his judgement because of prejudice":

Frank O'Collins- the Author of UCADIA

Honestly? Really...? The OP can explain the content of the links he provided at any time, his relationship to the content he provided. If the poster wants to clarify his position with regards to the above two postings and subsequent responses I am more than willing to entertain the discussion.

Reading the material as provided by the poster in question and their support of the content is not "profiling". I challenge how reading public information provided by the poster, cross referencing it with relevant materials is "profiling" someone.

Good Luck!
Tayken
 
SynGreis said:
Thanks tayken. you confirmed my suspicion.

i just felt that i should ask to confirm. her answer was accompanied with an affidavit only because she was serving an urgent motion. to which she withdrew before court.
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Withdrew? Double check to see if the matter was even filed with the court. Often people will fill out all the paperwork, serve it but, it was never filed with the court and all the dates and stuff are bogus. Check to see that the copy you were served with actually has a seal.

Also, if they actually filed and withdrew on the matter which was "urgent" that isn't going to bold well for them. They could get away with it if they don't have a lawyer but, if a lawyer brought an "urgent" motion forward, filed it and then withdrew, the real question to ask is ... Why was any "urgent" paperwork even filed and then subsequently withdrawn?

SynGreis said:
i wasn't sure if it would be acceptable if i create a "master affidavit" since there is a lot of events that transpire alleged or not regardless they transpire.
Click to expand...

When drafting affidavits, less is more often. Affidavits are mostly for motions for temporary relief. You don't want to write a massive affidavit if you don't have to. Also, you really need to be aware of what is "relevant" to the matter. This is the hardest thing for most people to understand.

Tug of War - It will help you to buy this book.

SynGreis said:
i was aware that no motions can be made on substantive issues until after at least a case conference.
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Clearly the other party though in your matter was too. Well, maybe... If they even filed an urgent motion. Double check with the court house to see if the materials were even filed. Don't be surprised if they were only served on you and not the court.

SynGreis said:
i only think about trial because i checked the books with bonnie and she said that trials are completely open as they do not have alot of scheduled conferences or any trials so therefor the schedule is very open. she said that if we were at the final stages she can lock us in by feb.
Click to expand...

Who is "Bonnie"?

SynGreis said:
Also tayken i have not talked about doing the FMOTL approach at all and i did not put anything like that in any of my court documents. Can you lay off of it a bit, your group profiling me. My court documents strictly sticks to the facts and i do the best i can, that freeman approach does not exist in this venue.
Click to expand...

Can you explain why "that freeman approach does not exist in this venue" and why it isn't appropriate to take a "freeman on the land" approach in Family Law (or in any matter for that fact)?

Good Luck!
Tayken
 
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