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I have a general question about the outcome of a family law…

I have a general...

I have a general question about the outcome of a family law judge's final decision after a trial. Would I ask here?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Ontario, Canada

Lawyer's Assistant: Has anything been filed or reported?

Yes, a trial date is set

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to know if a judge actually goes and drafts up an order they want you to follow that is something different from the applicant and respondent's original request. I have asked for sole custody with the other party to have access at a community place and supervised exchanges. This has been our temp. order for about 1 year. I am the respondent and this is what I put in my original response. The applicant's original paper wanted 50/50 of the older children, and then the younger ones the same after a certain age. At case conferences he tried just weekends, whole days etc. but my question is, if we go into this trial will it be one of us gets everything we asked for, and the other person gets nothing, or will the judge just come up with something in-between. Ex. could the judge decide to give him just a typical every other weekend despite us both not asking for it? I don't think he will be able to prove 50/50 is best.

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Answered in 1 hour by:
2/13/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,980
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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 of this difficult situation.

The Judge will make a decision based on what the judge finds to be in the best interests of the children. It is rare for one parent to get all or nothing in terms of what they are asking for.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra
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Customer reply replied 6 months ago
Thank you for your response. It's been a hard, upsetting journey. I do have a follow-up question but understand if it's out of the scope of this fourm. First, if this does go on as a trial, it's proving the claims in his first application and reply to be false that I have to do? As you can imagine, there's quite a lot of back information but I have a procedural question as well. I've done the the trial record response, and gave all my documents and paper work on time to be filed and served. The other party was given a particular date to serve the documents and 13.1, and missed it. I was given a date as well so I filed/served all my documents(evidence) on time. Then the applicant served/filled theirs after receiving mine (not the 13.1), when on the Trial Management paper the judge checked off that he needs to consulted to give permission. Do these documents count in trial? There is also some hearsay evidence in the trial record. At Trial Management the judge explained not to put evidence in there at all, it needed to be entered at the trial. Has including this evidence in the trial record enough to say that procedure hasn't been followed, maybe the judge has been compromised? (stretching, I know, but to avoid this lengthy mess) Could I ask for an immediate settlement judgment? Thank you for your time.
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