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
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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.