I feel railroaded in my provincial family court case and think I'll be better off in Supreme Provincial court. How would I have it changed especially since I have to attend Supreme for our divorce
State/Country relating to question: Canada
Hello, thank you for your question.Firstly, please know that the site is reworking it's payment and feedback system. Don't provide feedback until after we're done discussing your matter. What province are you in?How far along is the "lower" court in processing the case that's before it?What are the issues? Why do you feel railroaded?Ulysses
I am in British Columbia
I have always just had the kids full-time.
My ex had a visit for a week and obtained an Ex Parte Interim Sole Custody Order.
I filed a notice of Motion to have the application cancelled and a date was set 5 days later.
When called into court the Judge stated she remembered my ex and that she would need a 2.5hr hearing set.
I asked her if she would please hear at that time that he is denying any form of access to our kids and she said she would address it at the hearing.
The hearing is not set till September.
My kids are just this month turning 3 and 5.
The reason he was granted the order is because his mother's friend is a child welfare social worker who went to court with him on his behalf.
That's a severe result. There should at least be some supervised access. You're married, so are there any other issues? Property and debt division?Ulysses
The order states that I am to have reasonable access.
The order is very vauge
There is no other issues. The divorce will be contested by him as I am filing because of his repeated adultry, 2 children with 2 other women during the marriage and physical and mental abuse. I am prepared for it to be a struggle.
My concern is primarily at this moment that he has already denied me access for over 3 weeks, and the hearing isn't until September. I have contacted the Ministry for Children (they won't get involved in Family Relations Act) Police (If there is assualt or harrassment they can help) I feel helpless.
I see. I think I should opt out as your expert for a couple of reasons, primarily that you should speak to our BC lawyer about how your motion to change forum will be received. He'll see it if he's online tonight.Good luckUlysses
Thank you very much for your time :-)
Hello.Without identifying yourself, what is the underlying issue that changed custody on an ex parte basis????Do you remember if the judge ordered transcripts of the ex parte hearing?I assume you have no lawyer? While we work through this, it is common that there is no court time to hear an application to set aside. That is why you got a date in September. You are correct that reasonable access is vague. It is a common phrase however and denying access will not go well when such is ordered. My main question is how the ex parte was at all successful. Yes, the Supreme Court is where you get a divorce and it has ultimate control over the future even on this issue.Cheers,Tom
It is a complicated and long story that involves my boyfriend being arrested for not changing his address with the courts because he assumed it was his lawyer's place after he had notified him and his Probation officer.
My kids where at their dads when he was arrested and my boyfriend complied and it was uneventful. In my Ex's affidavit he told the Judge my kids were here and there were guns drawn.
There was a ministry worker that went to court with him who I have never even met or spoken to and she abused her position to help him and I am dealing with MCFD management as a result as well.
He lied throughout his affidavit so I imagine he probably said some pretty terrible things to the Judge as well.
I have a legal aid appointed lawyer and she appears to be very busy.
I appreciate your time I just am really struggling with missing and worrying about my kids. Hopefully with the divorce application I can have the family issues brought in as well and at leat appear before a Justice who probably feels 'distaste' towards me before ever seeing my face
Attachments are only available to registered users.
Of course I cannot second guess your lawyer. What I hope is happening is that a transcript of the ex parte has been ordered. Whether you continue in Provincial or go Supreme court, knowing what was said is very important. Do you know if this has happened? Has there been any conversations lately about visits? What does your lawyer say?Tom