rigged judge?

K

Kkc

New member
Hi,

So we had a motion and it didn't seem fair.

My city is relatively small and all the judges know all the lawyers. My lawyer is from out of town.

The judge walks in and the first thing he says:

"I deal with [HER LAWYER] on many files, in fact he requested me for this motion"

He then proceeded to not allow any oral arguments and agreed with her side's proposition.

I do not think a judge can a adjudicate a matter knowing he was hand picked by one side. Just doesn't seem fair to me
 
Was her proposition valid?

My husband’s lawyer was from out of town and the judge went to university in our city. He made several references to our city including asking if a certain restaurant was still open. His ex lost the motion and she said it was because the judge liked our city. Truly it was because her motion was frivolous and without merit.
 
This is a little different

I take exception that her lawyer went through back doors at the court to get the lawyer he wanted
 
Kkc said:
I take exception that her lawyer went through back doors at the court to get the lawyer he wanted
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Its referred to in the field as "judge shopping". Some bitter litigants will continue to file motions to get out of an existing order until they finally land on the right judge, or get a judge on an off day.

My lawyer was pretty seasoned and was able to name off all the traits of each judge in our jurisdiction. I recall my lawyer telling me before each appearance:
"If it's Judge X, they tend to go this way"
"If you get Judge Y, they are lenient and tend to favour that approach"
"If you get Judge Z, they are harsh and angry and very by the book"
 
It could also be because some judges fuck up stuff. A friend thought he was going to have Pazaratz but it ended up being another judge who does not normally handle post secondary. That judge fucked everything up and gave a terrible decision in the matter.

As terrible as it is to have them rule against you, having a hand picked judge may not be the reason it was decided that way. Im not saying that what happened wasn’t wrong, I’m simply saying that some judges won’t be that bold especially when their decisions can be appealed.
 
I agree with your position on cases should be won on a merit

But if you know how a judge would lean and you go behind the scenes to pick him...
 
Yes but if your case is complicated would you not want to make sure the judge is knowledgeable on that info as opposed to someone who isn’t? Kind of like getting a judge who is better at custody matters if that’s your issue as opposed to one who is an expert in financial stuff.

The friend I referenced had a judge who was known for custody matters and did not understand post secondary, RESPs or support for a kid living away at home. He ended up losing about $2000 (possibly more) because the judge couldn’t follow his ridiculously straight forward arguments. Meanwhile the three judges they had already had sided with him in all of their instructions to his ex.
 
Hard to say...

But, if you lawyer recommends appealing the order then I would recommend you follow your lawyer's advice. If you ask the lawyer if the decision should be appealed and they say no... then... no error in law was probably made.
 
The order was parenting covenants and therapy adjurned sine die
Section 30 to continue

So we can go back for therapy..I am getting supportive letters from 3rd parties
 
The order was parenting covenants and therapy adjurned sine die
Section 30 to continue

So we can go back for therapy..I am getting supportive letters from 3rd parties
 
It's like my daughter won't eat food my mom touches where as I April she would fight with my son over who would took them in.

An assessment is very invasive and won't deal with any of the bleeding. The jusges idea is do assessment and see what therapy is needed, waiting will make problem worse.

I even offered to pay for the whole therapy and give up the 100 parenting days that she owes me to just get therapy...she said no..why a parent wouldn't want therapy is beyond me
 
Kkc said:
why a parent wouldn't want therapy is beyond me
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A controlling parent wouldn’t want their control threatened. Therapy may show the kids are being abused, alienated etc. Plus in her mind she believes she is doing nothing wrong and you are expecting the kids to go through “unnecessary” treatment.
 
Thx I agree
So a custody assessment will reveal that as well

Last Friday, my daughter refused to brush her teeth
Called her mom to complain...I've been in this situation and knew for my safety I had to turn my recorder on

Within a few seconds she texts me she can hear me screaming on the phone and I am bullying her

I text the ex to stop the allegations bc I am recording all of this

I leave the room..and my daughter says dad stop texting my mom..she had airpods on..daughter is then being coached by mom to say things ...my daughter then repeats my last text message after she asks her mom what I said...then my daughter says...what dad is filming me...mom you need to tell court dad is filming me

The kid is 9..why does she think of court as an entity that can harm dad
 
Thx I agree
So a custody assessment will reveal that as well

Last Friday, my daughter refused to brush her teeth
Called her mom to complain...I've been in this situation and knew for my safety I had to turn my recorder on

Within a few seconds she texts me she can hear me screaming on the phone and I am bullying her

I text the ex to stop the allegations bc I am recording all of this

I leave the room..and my daughter says dad stop texting my mom..she had airpods on..daughter is then being coached by mom to say things ...my daughter then repeats my last text message after she asks her mom what I said...then my daughter says...what dad is filming me...mom you need to tell court dad is filming me

The kid is 9..why does she think of court as an entity that can harm dad
 
Kkc said:
Thx I agree
So a custody assessment will reveal that as well

Last Friday, my daughter refused to brush her teeth
Called her mom to complain...I've been in this situation and knew for my safety I had to turn my recorder on

Within a few seconds she texts me she can hear me screaming on the phone and I am bullying her

I text the ex to stop the allegations bc I am recording all of this

I leave the room..and my daughter says dad stop texting my mom..she had airpods on..daughter is then being coached by mom to say things ...my daughter then repeats my last text message after she asks her mom what I said...then my daughter says...what dad is filming me...mom you need to tell court dad is filming me

The kid is 9..why does she think of court as an entity that can harm dad
Click to expand...

Have a 3rd party witness move in with you. Say like your parents. You want this to all end then have some additional eyes with you at all times.
 
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