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LegalEase(N), Sorry to disturb u on weekend but could get…

LegalEase(N),Sorry to disturb u on...
LegalEase(N),Sorry to disturb u on weekend but could get time otherwise.Update: hearing to be continued in 2nd week of next month. My lawyer went through all evidence to prep for hearing n now passionately believes n my case n how horrible person I m dealing with. He represented very well. He systematically showed her lack of credibility, herhermanipulation manipulation of custody assessment by coaching our son, her abusive n violent behaviour. Judge was making a lot of notes along the way. Next time my lawyer will summarize n present caselaw about recordings....
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Customer reply replied 3 months ago
In past hearing, her lawyer consented to admit recordings but has been questioning their relevance n weight. He has not used any caselaw. He is real estate specialist. Judge has labor background n mainly deals w criminal matters. My lawyer has 25+ years family law experience....
Customer reply replied 3 months ago
My lawyer had effective presentation. He was particularly affected by a surreptitious recording where my wife was caught emotionally abusing our son. In the heat of the moment he said the child is clearly affected by all this. Judge caught that comment n asked if both parties would consent to appointing children's lawyer. W/o consulting me, my lawyer consented !...
Answered in 7 minutes by:
3/24/2018
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,563
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

But wasn't there already involvement of the Children's lawyer or was that just an assessment done? I am trying to remember?

Have you told your lawyer you never consented?

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Customer reply replied 3 months ago
I think it was disastrous choice because ocl lawyer will go through same process again n this will open up more opp for my wife to manipulate son, which she continues to do. What should I do? What if son n cas tell ocl lawyer that he should stay w her?
Customer reply replied 3 months ago
Only assessment was done. I think my lawyer has made a big strategic mistakr. He consented on the spot even w/o talking to me.

The OCL will have seen plenty of these types of situations before. They are well trained and very experienced in parental alienation and manipulation.

I suspect that your lawyer consented as the judge was going to order it anyway. It was not likely a big error. It was likely showing you are fully co-operating when you really had no choice because it was clear that is what the judge wanted.

Does that sound like it could be right?

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Customer reply replied 3 months ago
Knowing his past behaviour he will not agree to reverse the consent. Also, tge judge is asking questions as if he is applying "not guilty until proven" std to evidence n asking on the spot questions which I never discussed w lawyer. He just wings those n sometimes gets me into dangerous traps.

You can ask him to discuss why he consented without your instruction and also tell him he cannot talk off the top of his head but must ask you first when he doesn't know the exact answer.

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Customer reply replied 3 months ago
You might be right about the consent choice. But this has opened up a big risk factor. Assessors are also experts at knowing manipulations but the guy was willingly manipulated by my wife n cas. How will ocl lawyer be different? No wonder, wife is very happy after that day. Is their a way we can reverse consent because she manipulated assessment?I did tell lawyer to ask me if ge doesn't know but he still wings it n gets me n trouble.
Customer reply replied 3 months ago
Ocl lawyer will be part of trial but interim custody will be decided based on current arguments, right? I want to understand what r my chances of getting sole custody? Lawyer has convincingly proved son was coached for assessment. Her abusive, msnipulative behaviour is demonstrated. Judge said assessor was aware of all this yet gave her custody. That comment made me worried.
Customer reply replied 3 months ago
We told him wife's false denials were used by assessor to ignore all my serious n true concerns.

I think you should tell him just what you have been telling me. You've been very pleased as he has been very thorough and effective and you felt he has really won the judge's attention and feel this helps you tremendously but you are not really concerned that this will end up along the same path that you had to go down with the assessment and the CAS.

But the OCL is different. It is a lawyer and lawyers see this a lot and won't be won over by any parent but will focus on what the child says, doesn't say, how they present etc.

And it is on record that the mother prepared the child for the assessment so it will not surprise anyone if she does this again. In fact it will be expected.

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Customer reply replied 3 months ago
Specifically I need two answers today. What are our chances for interim custody n what I should do w.r.t. ocl lawyer threat. Ask me any information u need to answer these two questions / worried.

I cannot know what your chances are. Even your own lawyer doesn't know. I cannot predict in the least bit. I've not been in the courtroom, not met you or the mother, not read the pleadings. It's impossible and unethical for me to pretend I can know this.

Re the OCL you should talk to your lawyer as I suggested and make it clear why you are so worried and ask why he consented and what can be done, if anything now.

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Customer reply replied 3 months ago
That my main concern ocl lawyer will focus on child. She is good at manipulating him by threat, deceit, emotional blackmail, etc. As child gets older his opinion will matter. Do you think my lawyer can / will reverse consent?
Customer reply replied 3 months ago
Also...
Customer reply replied 3 months ago
She is systematically creating record with school, karate classes paying his fees, signing n hiding his homework sheets, etc.
Customer reply replied 3 months ago
I think the main reason she is happy is because of ocl lawyer. Will this further delay interim custody?
Customer reply replied 3 months ago
OCL lawyer will most likely be influenced by cas, assessor, manipulated school records n what our son says. All factors controlled by her.
Customer reply replied 3 months ago
I worry that this one mistake from my lawyer might ruin all his hardwork n may make me lose my son as well as cause bankruptcy.

The OCL lawyer will hear what you have to say and will see what is going on. It will cause a further delay.

The court knows when parents suddenly change to put on a show for the court to build their case.

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Customer reply replied 3 months ago
WHAT? Ocl lawyer is for interim custody????
Customer reply replied 3 months ago
Then I m screwed. Royally screwed. I was hoping the decision for interim custody will be done before appt. Of lawyer. Please confirm.
Customer reply replied 3 months ago
This is worse than I thought !

No the OCL is not for interim custody but it could delay your moving forward in the long run. I don't think the court wants to wait for the OCL but ask your lawyer. I don't know what was said in court.

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Customer reply replied 3 months ago
The judge most likely will not delay n make us live in same house any longer. Because he questioned why we are still im sane house. That means residency arrangenent will change. In shared or sole to her, I will lose. Judge is most likely willing to set aside assessment report. In that situation he only has recordings to go by alongwith caselaw.

I agree he will order one of you to leave.

But I don't know if he will do joint custody or not. I just don't know what he heard or how he has responded.

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Customer reply replied 3 months ago
Recordings show abuse, manipulations. Knowing urgency of situation n stressful environment at home judge may not want to wait for ocl lawyer for interim custody. On the other hand my wife is poisoning son's mind to lie about the truth that was caight on tape.I.e. to prep for ocl lawyer.
Customer reply replied 3 months ago
He heard all recordings...

Then your case is strong but being honest I suspect he will order joint custody because he isn't sure and wants that OCL report.

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Customer reply replied 3 months ago
My lawyer has suggested escape route to judge about residency order so that son will stay w me in our home n she will move to house she rented since oct 2016.
Customer reply replied 3 months ago
I m fine w such residency arrangement, because it will result in sole custody for me eventually. He didn't say he wants ocl report. What happened is ...

I think he would give you exclusive possession of the home. That gives you a bit of a stronger position as you will have the child's home that he is used to.

But I am not positive he will let the child live there more than 50% of the time. But your lawyer will clearly have a better idea than I could possibly have.

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Customer reply replied 3 months ago
My lawyer narrated the recording where she was emotionally abusive to him n said it was severe abuse. It (she) clearly affected him. At this point judge interrupted n asked for consent for ocl lawyer.

The judge is not sure about what to do and wants to cover all bases. He wants an expert in children to help inform his decision.

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Customer reply replied 3 months ago
Lawyer presented all the evidence of how she abuses n manipulates him, how she inends to abduct him, how son was coached, glaring errors n assessment report. Judge asked if report should be ignored even for trial. My lawyer said just for interim custody n then we will crosd examine assessor for trial. She has nothing but assessment report. Inspite of all this u think judge will still give her 50% time?
Customer reply replied 3 months ago
We showed her lies to assesdorusing corroboration
Customer reply replied 3 months ago
Also showed evidence of how she breached couple of court orders.
Customer reply replied 3 months ago
W.r.t status quo n disparaging remarks infront of child
Customer reply replied 3 months ago
If I get sole interim custody ir residency order, any further delay due to ocl lawyer, etc. would be ok w me. But do I have no chance of it at all?

I don't know but it worries me a bit that the judge wanted the report.

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Customer reply replied 3 months ago
What aspect of it worries you? Does it mean he is not buying our argument? Is he leaning towards her?
Customer reply replied 3 months ago
Report = ocl lawyer report. But that is for trial
Customer reply replied 3 months ago
I think
Customer reply replied 3 months ago
He does not want to drag interim custody further n allow toxic environment to continue
Customer reply replied 3 months ago
Is it possible that judges here can be directly / indirectly influenced by someone rich n connected like my wife?

I do not think he is leaning towards her. He may be leaning towards you but he is not sure in my view and wants help to make the decision.

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Customer reply replied 3 months ago
Then what are you worried for about ocl lawyer?

I am not worried about the OCL lawyer but I am answering about interim custody. I don't know if he will give you sole custody now.

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Customer reply replied 3 months ago
Will he give ger sole custody or any reaon to hand over the passport to allow her to take to india?What can or could have done to make sole custody case stronger?
Customer reply replied 3 months ago
He can still make "interim custody" decision w/o ocl lawyer report.

I believe he will make an interim custody decision as he has to if she is to be ordered out of the house.

I am thinking he will likely go with joint custody on an interim basis. I don't see him granting you sole custody on an interim basis unless he is quite sure and I just don't think he is.

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Customer reply replied 3 months ago
Assessor said too much conflict hence joint custody not possible. Judge said toxic relationship, parents cannot work together. Still he will order joint custody?
Customer reply replied 3 months ago
Can he order ...

I honestly don't know.

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Customer reply replied 3 months ago
Residency to be w me as proposed by my lawyer as an alternative because this home is only home ,except that she is taking him to her rented house on Sats w/o my consent n against status quo that was ordered by this judge.

I cannot predict what will happen. I know I could say things to make you feel better or more certain but I would be guessing. I just cannot even know as much as your own lawyer.

Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,563
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Legal Ease and 87 other Canada Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
Apologize again for bothering on weekend but couldn't get time all week. Wanted to give u update of our ongoing saga n get some valuable advice on new threat.Have a great (rest of the) weekend.
Customer reply replied 3 months ago
Please Lock. It helps me to share private details to get worthwhile timely advice.
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