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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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To whom it may concern: RE - Family Law, Parenting

Customer Question

To whom it may concern:
RE - Family Law, Parenting Pickup/Drop off's and Parenting Time, Spousal Support End Dates, Signing Passports, and Reporting Work Permits for Immigration.
Here is what I want to talk to you about. I “won” all my court applications against my ex-spouse from Indonesia in 2016, but really lost in reality.
I need a new lawyer to talk to my judge who is seized of the matte.
This is because the last parenting time order for pickup and drop off won’t work (and my lawyer abandoned me before the orders were written - for no reason, but that is a side story).
… I can’t drop off my 22 month daughter 2X per month (for the next couple of years) from Prince George, BC to Terrace, BC - which is 800+ km away.
It is simply costing me $3,000/mo more than I earn because of Daycare, spousal support, and (4) airplane trips per month by plane from PG to Terrace.
Also there are lots of problems:
-can’t book direct flights, so a hotel is needed.
-can’t take flights, bus, car or train because of winter snow
-in 2 months, it will cost me another $600+/mo because my daughter will be an adult and I'll have to pay for an airplane ticket for her too.
-in 8 months my daughter shouldn’t be traveling (1 week per month) to see her mom because it will affect her pre-school, but the orders are not “time-limited” to account for that.
This is all because my "X" doesn’t want to move to PG (even though she has no job and *no reason* not to move here to be close to her daughter).
Also, she refused to sign Sam’s passport (and breached that court order) and still refuses to sign, -so I have to give it to the judge to sign!
Also, the spousal support should end this month (June 30 2016)
-because CIC will tell her she can get a work permit (and welfare) but she won’t tell me if she gets it or not - despite a court order!
I moved to PG to get a higher salary but this is more than offset by these stupid orders that don’t work.
I don’t want to breach any court orders but the way there are constructed I will have no choice!
I want to just “talk to the judge” but probably need to submit another $5,000-10,000 application with a new lawyer (which I have to put on credit card and never be able to pay off).
This is my last chance at court.
I’m in trouble.
In this email could give you my initial FINAL Supreme Court orders, from Jan 18th which overrule all other orders.
My court on June 20th (which I can provide in draft), varied the parenting time for the Jan 18th orders because I moved to PG, and so I really just need:
-an order for My X to move to PG to get her parenting time. (She won’t even travel if I pay for it).
-an order to find out when the CIC work permit is granted. (need to compel my X to report her status and provide the letter).
-an order for my daughter to get her passport signed. (Judge can do it herself)
What can I do?
I will take vacation time (or unpaid leave) to go to Vancouver to find a lawyer to submit this application to change the orders, but I don’t know who (or when or how) to do this...
I think I need to do it asap because of the increase in costs coming in 2 months.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you asking how best to find a lawyer to represent you in Vancouver?

Customer: replied 1 year ago.
Not exactly. I want to change the court orders (but they are in draft). I also want to talk to the judge ... I will only file an (expensive application if I have to do so). I probably will need a lawyer for this in Vancouver since its at Supreme Court.
Expert:  Debra replied 1 year ago.

So what legal information do you want from me?

Customer: replied 1 year ago.
I want to know how to get my last (final Supreme Court orders). Since the same judge is seized of the matter can I write them informally - or get a lawyer to write a letter to her, or do I have to file an application that will be heard (months from now). I feel I will be forced to breach court orders because my X should be getting her permit (this month) but won't tell me, she won't sign my daughters passport (which was the judges order), and she is being difficult for the pickups / drop offs, so when I get my daughter on July 17th, I don't feel that I can give her back until these things are resolved. What would you do if you were me? Do you live in BC?
Expert:  Debra replied 1 year ago.

So do you mean the judge made the orders but they are not yet signed and you just have the endorsement?

Customer: replied 1 year ago.
I can email you the draft. She varied the parenting time order (which is in draft). However, they are poorly written and both lawyers aren't going to finalize them properly or fairly for me. I want to intervene with a new lawyer or file an emergency application ... I don't want to breach court orders.
Expert:  Debra replied 1 year ago.

I cannot read the as I cannot review legal documentation, only your own lawyer can do that.

If you need to bring an emergency application you can try it on your own but your chances of succeeding are much greater with a lawyer.

Customer: replied 1 year ago.
I know that. It is common sense. Are you licensed for BC?
Expert:  Debra replied 1 year ago.

No. I am in Ontario but I can suggest how to find a lawyer if that will help.

Customer: replied 1 year ago.
No I know how to find a lawyer. This advise is of no benefit to me because I have not learned anything about my case. I would like a refund please and I don't want to waste both of our time.
Expert:  Debra replied 1 year ago.

I don't work for the site. I have nothing to do with refunds. I am a practicing lawyer. I am happy to try and help or we can stop but there is no lawyer anywhere that will review documents online. That would be unlawful.

Customer: replied 1 year ago.
but you are not licensed to practice in BC either so I can't get procedural information either. How do you think you can help me? How can you refer me better than the lawyer referral service?
Expert:  Debra replied 1 year ago.

I have been answering questions about the law in BC for almost nine years on this site. But, I do not believe that I should be spending any more time with you because I do not have the time to work for free and I have a strong feeling that you are not going to rate me positively no matter what I do. I am going to opt out.

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