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For DEBRA THAL RE:ADJOURNMENT pt.2 I received my copy of…

Customer Question

For DEBRA THAL RE:ADJOURNMENT pt.2 I received...

For DEBRA THAL
RE:ADJOURNMENT pt.2
I received my copy of the (scanned) filed document today, the 2nd. it was filed 24 june, 7 days ago.
The pretrial is only 6 days away. Can I successfully argue that 7days notice was not given, and keep the pretrial in place?

Submitted: 9 years ago.Category: Canada Family Law

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Answered in 13 minutes by:

7/2/2013

Family Lawyer: Legal Ease, Lawyer replied 9 years ago

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 147,281

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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You can try.

You are not being treated fairly.

You can say it's not fair, and it's some ploy to delay.

But if you can also show why this will cause you harm that would be even better.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 147,281

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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Customer reply replied 9 years ago

actually I did feel a sense that I was catching momentum. My prep forpre trial was getting sharper. Ironically last night I sent a ary damaging set of transcripts to the lawyer so that I could bring them to the courts attention at the pre trial. Then mere hours later they send this adjournment. also I had collected a number of endearing gorgeous photographs of me happy with my kids showing that I've taught them piano took them to the forest more than 100 times took them to so many activities I can't count and taught them how to cook pancakes! I had also scanned those and sent them last night to her lawyer. Truthfully Deborah, its been with your great Council that I've been able to hold my own each time I go to the court. I'm grateful. The last time we were in front of the judge I basically won again. I argued successfully that the mental health assessment that I had gotten from a psychologist was in fact valid.the result was I don't have to get another mental health assessment from a psychiatrist.

Family Lawyer: Legal Ease, Lawyer replied 9 years ago

I know you are doing so well.

Soon you will be telling me you are going to law school. I am not even joking. I am waiting for it!!

In any event, I think that the transcripts could have overwhelmed the lawyer who is likely busy and perhaps going on holidays.

It's almost like you are taking the lead and running the show!

You are going to be so prepared compared to the lawyer. It's kind of comical when you think of it.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 147,281

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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Customer reply replied 9 years ago

Thanks for your encouraging words!

Customer reply replied 9 years ago

to jump on this do I go with a notice of motionof motion?or do I submit and affidavit? Do I state in an affidavit that its not fair the fake people out on me? Or do I put a notice of motion saying I want this back in court?

Family Lawyer: Legal Ease, Lawyer replied 9 years ago

You can submit an affidavit opposing the adjournment (I assume the lawyer will bring a motion) and in there set out all you are seeing is happening now as factually as you can.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 147,281

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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Customer reply replied 9 years ago

Cool. Thx friend

Customer reply replied 9 years ago

wouldn't an affidavit take time to be addressed? isn't a NOM "quicker"? I'm a bit confused, as I thought the affidavit was only to submit evidence, and not for anything that actually requires the court to take action.

Family Lawyer: Legal Ease, Lawyer replied 9 years ago

Don't you want to submit sworn evidence?

I thought that is what you wanted to do?

You are right, the Affidavit is evidence and you use that if you need evidence to back up arguments.

If you don't feel you need sworn evidence then you won't need the Affidavit.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 147,281

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

Verified

Legal Ease and 87 other Canada Family Law Specialists are ready to help you

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Customer reply replied 9 years ago

Yes, I have sworn evidence, and a "feel good" package to submit
You're saying that it should be a package, ok.

I have:
1. Photos of me with kids showing my best qualities as a dad.
2. Reports of my visits with kids detailing my best qualities as a dad.
3. Copies of items my son made at school, "I love you dad" etc....

On the damning side:
3. Transcripts of recordings that bring into question the character of my wife.
4. an email threat that brings into question the character of my wife
5. A concern that they are stalling and trying to avoid the trails

Also: I need a NOM to spend time with my kids. Honestly, I was simply wanting to just focus on getting back to normal (at least) with my kids so that I didn't have to go through the humiliating process of supervised visits again. I've done 22 already....https://www.facebook.com/lyricist.joevancouver

...I respect if it's too personal for you, but there's my fb site. There are photos of these beautiful kids of mine.

Family Lawyer: Legal Ease, Lawyer replied 9 years ago

I actually don't see any photos of your kids.

I am not a facebook genius. But where would I find them?

Customer reply replied 9 years ago

This is the site of their grandfather, he has a few photos, and shows them off.
My kids are the ones used as his profile. Kees (dutch name, pronounced CASE,) and Kiara

https://www.facebook.com/egay.cruz1

Customer reply replied 9 years ago

...sorry, I forgot to tell you: you need a facebook page to see any of it, then you can click on my site and see the photos.

Family Lawyer: Legal Ease, Lawyer replied 9 years ago

I can see if I can do that from one of my kids pages later on.

That may work?

Customer reply replied 9 years ago

It's all good. fyi, my fb site is designed to be quite "public" and so the site has 400+ friends.

Family Lawyer: Legal Ease, Lawyer replied 9 years ago

I will check when one of my kids comes home which isn't until tomorrow night.

Customer reply replied 9 years ago

Hi Debra,
I just left the court registers office.

The final word in BC on RESPONSES to REQUISITIONS is,
"there doesn't require a response, and if the individual prefers to do so, an AFFIDAVIT is the form."
In my case, it was suggested that the order of things is for me to attend the pretrial as scheduled, expect the offer of adjournment, and counter with the filed affidavits. I think u tried to say something of the same, yeah?

Family Lawyer: Legal Ease, Lawyer replied 9 years ago

That is what I thought at the start but then I became worried that you may need some form that is new.

The forms have changed a little while ago for some areas and I wasn't sure that there were new forms that were needed.

So I am glad I was right!

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