What lawyers do not tell you in Ontario Family law

Forms 14b a faster way to court sometimes?

Ontario Canada courts have these funny things called practice directions. For that reason a lawyer in say Hamilton may not go to court in Toronto if he does not know these courthouse rules. They can vary form court to court.

I am posting these because for some in a long battle a form 14b or a basket motion can be filed to help decided some things when time is of the essence be very clear, concise, and provide supporting info. Submit to a court and then sit and wait. It can take hours or in my case 3 WEEKS!!! Justice is slow in Ontario.

Find out what region your court is in on this link and then decide what you can learn and do your self before resorting to hire a lawyer. Knowledge is power. Go to

www.canlii.org

and so some research as well!


http://www.ontariocourts.on.ca/scj/en/notices/

Get to know the legal terms well. Example a chambers motion is an off the record statement handwritten by a judge. These are not officially on the record. They are also called a judicial endorsement.

You can ask for one with a 14b when you are uncertain of what to do next in your case like the ex is threatening to kidnap the kid's or your circumstances have changed. or there is abuse involved.

See the glossary.

http://www.attorneygeneral.jus.gov.on.ca/english/glossary/

This one threw me for a loop when I got one. I thought why not just call it a decision or determination. But then you would NOT need a LAYWER. that would be to simple right?


EndorseTo sign a legal document or formally approve something.EndorsementThe written decision of a judge.


http://blog.separation.ca/

this and that are two great current case laws on family law.

http://www.jaskotfamilylaw.ca/decisions.html


Also there are only two public law libraries in all of Ontario even though each court house has a law library with copy machines. Sorry only the over lawyers not the mere mortals, god forbid.

The first one is called the Great Library in Downtown Toronto Ran by the LSUC or the Law Society that governs lawyers. The second one is in London Ontario.

http://www.law-lib.utoronto.ca/journals/search.asp?letter=W

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New. to keep your divorce info private from all eyes in Ontario you must file a form 13 and 14a a MOTION and an affidavit that needs to be notarized,. in Ontario only lawyers and some paralegals can do that. Ask that the files be SEALED especially if there is info about a child or you do not want your ex to know about

===========================

Some PD are often used to bully ILLEGALY the other party. In Ont they have this uknown secret that the person that calls the cops the most loses the most. Even if there is real abuse involved. No lawyer or cops will tell you this.

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Make sure when you submit your forms and documents that you keep a good list of what exactly is filed . Things have a way of getting lost in the courts there. Only one court in the entire province has a real free lawyer. It is in the main Toronto Court house downtown.

You can sue for damages via The family law act of Ontario see family torts within the law. On www. canlii.org see Family Law Act Ontario.

Men can be given custody even if they have been abusive. This is wrong but if they are rich they often win. Sadly enough. Judges are not always fair from what I have seen yet they are supposed. If you have to divorce and one of you is not from Canada file in your home country if you can. Chances are it is a far more saner system and get your ex to agree.

Call them all. Every darn lawyer. some will be rude. be rude back. I have good manners and am polite but with them I found you have to push back. Drove me nuts at first to do this.

Some lawyers will talk for free some will not. Take notes ask questions and you may be able to not have to hire one in the end. Even the super rich there have been drained dry in divorce court.





Comments 25 comments

Tamarii2 profile image

Tamarii2 6 years ago from NEW YORK

THANK YOU FOR RESPONDING TO MY QUESTION IT LEAD ME TO YOUR HUBs.You seem to know how to help people in this area.From (usa)and reading your work.Thanks.Enjoy your mission in life.


OntariFamilyLawCa profile image

OntariFamilyLawCa 6 years ago from No America Author

Been a while since last posted.

Today the G20 Summit came to Toronto. THe cops there passed a so called temporary law that I blogged about in my other Ont. Family Law site. I am suing a police dept there. Until today the media in Ont did not even know the law existed to give the cops broad powers. They use a little known law that meant no public input or parliamentary process used. We can only do that in the uS during times of war or natural disaster, they did in a blinke of an eye.

http://www.thestar.com/news/gta/torontog20summit/a...

So bad the cops did not even tell the media a head of time and that mean that normally in Canad ayou do not provide cops with ID if asked but now you have to. So many protestors will most likely be arrested. Nice open govt. there. NOT!!


OntariFamilyLawCa profile image

OntariFamilyLawCa 6 years ago from No America Author

Ok. I got my stbx corp via an employee assitance program to pay for a lawyer. This is another avenue open to anyone even in Canada I had to threaten to sue his corp. They are not fair or nice there. The lawyer knew less about the law than I did and he got mad. There are US and Canada family law and taxes treaties that come into play and the Hague Convention www.hcch.net He said the convention was for abducted chldren only. NO it covers divorce but a nation has to have a treaty with another nation for it to be used. Most avererage family lawyers do not know about this law.

Aslo one needs to be aware of in loco parentis rules and child support for adult disabled children even step children.


serendipitous 6 years ago

Is it possible to withdraw a divorce petition without using a lawyer...if so ... how? Many Thanks


OntariFamilyLawCa 6 years ago

Yes it is but who filed it can detemine who can withdraw it. I can answer if I know who filed it. The person who filed it can drop it easier than the other spouse. Motions must be filed and notices sent out are required as well. Did you file it or the other person?


AKAElizabeth 6 years ago

Can I ask for some guidance? I keep getting mixed answers. I am the biological parent of a 10 year old. When my child was 2 I met a man whom I began a 7 year relationship with. We only lived together for 3 & 1/2 years of the 7; 2 years the first time with a 2 year gap and another 1 & 1/2 years the second time. After the first two years he began bullying and harassing me into giving him rights to my child. It was an ongoing campaign of abusive language and emotional blackmail. Everything from that point seemd to be geared to establishing his rights to my child.

We have now been separated for over a year and he is threatening me on a monthly basis with court. He wants access to medical and school records and says that he (remember he is the step-parent) is entitled to all the same rights as myself and that in the eyes of the law- we are no different.

I have read that the biological relationship will be upheld against all else (as long as the parent has been involved in the child's life). Is that true?

So after that long winded explanation here are the questions: I assume that he is entitled to some access, but is he entitled to the same level as a biological parent? Can he force me to give him access to her medical/education records? Can he freely take me to court if he is already getting generous visitation?

Any help you can extend would be greatly appreciated.


OntariFamilyLawCa profile image

OntariFamilyLawCa 5 years ago from No America Author

Update. I am winning my case all because my ex got greedy. karma is a good thing!


vic.lilly@yahoo.co.uk 4 years ago

god where doi start


OntariFamilyLawCa 4 years ago

What have you done so far. This is in Canada. I heard divorces can be a bit better there. I can find some laws.


CCC 4 years ago

http://canlii.org/eliisa/highlight.do?text=Disobey... The three legal requirements to be meet to get a contempt of court charge in Ontario Court for non payment of child support.


OntariFamilyLawCa profile image

OntariFamilyLawCa 4 years ago from No America Author

Ontario Police Misconduct and the impact of victims not reporting crimes

.

This is an addition to a blog regarding abuse of power in the province of Ontario in the region of Halton. I recently had sexual assault charges dropped when i learned the crown prosecutor and cops had altered police report, i had the original, and the crown broke established court decided rules on past and private information. The cop, a detective had been raped herself and never reported it til another co worker came forward to report her rape.

http://www.policemisconduct.net/ I am posting this, form the US based Cato Institute on police misconduct, documented cases. I am not under a publication ban and am protected by US free speech rights but i am out to ensure no one ever has to endure the abuse of powers entrenched in Canada law. As i write this update i can say 250 women who worked for work for the RCMP, the mounties, have filed a first of it's kind sexual harassment suit against the force. The Canadian equivelent to the FBI in the USA. The national police. I update this to my other Halton Police blog with more legal research and case decisions. In hopes other will see this in need of help and take legal action in Canada with new knowledge.


OntariFamilyLawCa profile image

OntariFamilyLawCa 4 years ago from No America Author

http://ccla.org/2012/09/17/press-release-new-ccla-... I wrote about this early on how the police in Canada by a court ruling by the Supreme Court of Canada says one past record even when you are not charged and you make a report or call for help can be used against in another court issue. The cops access even cautions and reports where you were a a victim to determine if they will charge you or help you. they make up the entire charge and have now been caught lying and altering records. So much so they fought to keep those records private. Not allowed to edit their police notes anymore. Crown prosecutors have known cops were lying but had til recently was allowed tohttp://www.huffingtonpost.ca/dyanoosh-youssefi/pol... and never would rat out a lying cop. Now they must report it. When the Ont. Atty General has allowed cops who lie to stay on the force, then the credibality and justice of the judicial process in all of Ontario is to be questioned and not trusted. The Atty General has the final say over cops who are allowed to stay on the force or not and has just merely let them continue to serve. There is no justice in that.


Lally 4 years ago

Hi,

I would like to know if the lawyers can choose a particular judge in family court. Or, do lawyers usually choose a date with a work schdule of a particular lawyer.

I have problem with one of justices in Ontario due to her reputation in public and legal community in her behaviour in court.

thanks


Lally 4 years ago

Hi,

I would like to know if the lawyers can choose a particular judge in family court. Or, do lawyers usually choose a date with a work schdule of a particular Judge.(printing error)

I have problem with one of justices in Ontario due to her reputation in public and legal community in her behaviour in court.

thanks


OntariFamilyLawCa profile image

OntariFamilyLawCa 4 years ago from No America Author

No, they can try to maybe have one dismissed but the courts decided what judge you get. A found them to be biased as well. You can file a judicial complaint against the judge. Depending if it is superior or court of justice judge.http://www.ontariocourts.ca/ocj/conduct/


OntariFamilyLawCa profile image

OntariFamilyLawCa 4 years ago from No America Author


OntariFamilyLawCa profile image

OntariFamilyLawCa 3 years ago from No America Author

So, Ontario had a law that said you could have a common law and spouse legally married. So, then a common law spouse took this to court and lost. Why? You cannot be legally married and have a legal common law spouse under benefits. There is no legal polygamy in Canada. The Supreme Court of Canada has ruled on this issue regarding polygamy recently. Yet sadly, many lawyers say "but the Family Law Act of Ontario says you can be common law". Come on lawyers, be serious, you know legally and logistically this is impossible. So one lawyer took this issue to court and lost. Carrigan v. Carrigan Estate is the case found on canlii.org in the Ontario Appeals Court. It in essence says that as has been told by lawyers and pension co. is actually wrong. Which is what i argued in my case in Ont court and a lawyer got mad at me over. Told me i was incorrect. I said there is not legal polygamy. http://www.lco-cdo.org/en/pensions-final-report This report is a result of my fight and this appeals case ruling that states as is the pension co. and lawyers have been less than honest. they are merely telling people things they assume were correct not on an actual challenge in court as much in family law has not been challenged but settled. http://www.canlii.org/en/on/laws/stat/rso-1990-c-p... This is the law the case was based on and up til now has not been followed as written. Challenge people. I have a list of all pension co. and lawyers that run them in Canada if anyone needs to know what pension a spouse may have and how to file legal documents with them if you are self repped as you will need to file a judgement with them for a private pension as well as a the Cpp OR Canadian govt. pension which are 2 different plans and legal filings.


OntariFamilyLawCa profile image

OntariFamilyLawCa 3 years ago from No America Author

Hi. Long time no post. Ok, the following is what a land title deed is and how it is supposed to be legally dealt with if you are legally married in Ont. I use the term legally as common law spouses in property matters do not have the same legal rights as a legally married spouse does in Ontario, Canada under the Family Law Act. http://www.gov.on.ca/en/information_bundle/land_re... This is information regarding what is on a deed/title of land in any Land Registry Office in Ontario, Canada for a small fee. You need the name and address of such properties. You need a debit or credit card to access the system btw. LTCQ is all the legal required information on such a document. The most important one is a spousal statement/interest. Any lawyers not doing this and on mortgage documents via a certificate of independent legal advice, should be sued for they are then making a false statement required by law. http://www.scotiabank.com/ca/en/0,,238,00.html See Indep. legal legal advice document on this link. Only lawyer can legally make changes and by law they are supposed to notify the spouse and many are not nor are they putting a legal spouse on the docs. These statements on a tile/deed deal with debts, other obligations and will and the like and even child support not paid under the Estates Administration Act (EAA), Succession Law Reform Act or by court order and whether the transfer is subject to spousal rights under the Family Law Act.


sue 3 years ago

PLEASE take a few minutes to read my situation, I truly understand how busy you must be. I am going through a very very complicated court case with my ex husband. We have been divorced for 5 years and he is wanting to take away spousal support, is not paying enough child support and I have a diabetic child who needs much assistance and a 2nd child that is very angry and confused. I am in school full time and trying to get my life together, I am on my 4th year of a bachelor program. Five years ago I ran out of money and his lawyer did our SA and it is soooo unfair, I signed under duress and manipulation. I was badly abused emotionally and financially during our marriage and I know he hid money in overseas accounts (I found some of it) he was in the news with the company he did it with and really really need help! I am about to lose EVERYTHING which is not much to begin with. Please contact me if there is any assistance that can be offered. I truly believe a forensics accountant is needed to find the money, right now financially I can not do too much, but I KNOW from what I found and the court case for his company that there still a lot of missing money that is unaccounted for.


Richard Allan Hanneman 3 years ago

they can get other opinions from others too before settling immediately - http://www.layburn.co.nz/our-services


truthbeknowntome 2 years ago

I am new to this today so figuring it all out. My son of 20 has filed for child support but is living on his own for a year and has withdrawn from parental control as per section 31(2) of family law act. When I was served all the documents were stale dated. The first court appearance had been over for over a month. A second court hearing I wasn't notified of and a letter I received from his lawyer gave me till the end of that month to file and serve my respond which I tried to do but the court clerk advised I was past my 30 days from filing as per first paperwork I was served with and said she didn't know anything about the second letter. I believe that this second letter should have been also filed with courts but wasn't.

My big question to any and all of you is this.

The served documents I received had my sons financial information with it including his three years of financial statements. When I was at the court house I asked for my court file and reviewed it and had it copied. When comparing the copied court file to the papers I was served with they were different. The court files did not have my sons three years of financial statements in them yet the document the lawyer filed clearly states they were attached. The court clerk when asked (who also doubled checked and confirmed they weren't there) why they weren't there and weren't they suppose to be agreed yes they were suppose to be there and she would contact the lawyer to tell him. Please tell me the legal ramifications if any there should be with this and if grounds to have the case thrown out. Thank you


Paul Davidson 2 years ago

Great article. Thanks for the info, you made it easy to understand. BTW, if anyone needs to fill out a form 14b, I found a blank form here http://goo.gl/Xu5gPT. This site PDFfiller also has some tutorials on how to fill it out and a few related tax forms that you might find useful.


Brenda 23 months ago

Can a judge make a decision without having reviewed the affidavits from the applicant. Is a lawyer legally obligated to submit sworn affidavits to the judge before a resolution. Can a court be held accountable for disregarding the law. Can a judges decision be influenced by media if a publication ban is requested by the accused lawyer.Can they use a judges full name in an affidavit that is the wife of my lawyer. Can a fathers, sons legal family matter be affected by his fathers criminal matter if a publication ban was granted at the resolution.


Bill Giamou 22 months ago

The Family Court Judge who worked my son's case in Oshawa is the worst example of human ineptitude. He made assumptions and droned on and on about what a wonderful grandfather HE was. I realized after months of fruitless visits to the courthouse to watch a woman tell hundreds on lies (only to have them believed by the court) and to sit next to a highly paid family court lawyer too afraid to tell this judge he would be better suited to work as a clown in a rodeo. The Family Court system in Ontario is broken, the children are going to pay the price.


carrie 19 months ago

my landlord got full cusdty of my so 2 and a half years of age only knowing him by living in the same house ' i paid him rent and have priff of this he got lawyers to say he was the father he had paid a lot of money to get this far i was blackmail if i didn't sign him over now now 6 years old im still suppervised trying to change the order is this legal to do ' he first went and kidnapped him and the police did nothing he even sexual asaulted me the changes were drpped ' every word he said he got everything he want plus my son ' now he knows him as his father not even being on the birthcard nothing yet i showed proff ' had many lawyers they didn't help me erthir should i go to the media ' this man /father now and past landlord is untoucable wow i cant believe my eyes along with cas on his side because he said i was unfit with false aligatios that i prtove wrong im so in duress and stress how can this happen to a mother

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