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.
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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
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.
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.
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.
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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
they can get other opinions from others too before settling immediately - http://www.layburn.co.nz/our-services
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.
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
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
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.
What have you done so far. This is in Canada. I heard divorces can be a bit better there. I can find some laws.
god where doi start
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.
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?
Is it possible to withdraw a divorce petition without using a lawyer...if so ... how? Many Thanks
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.
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