Why is the Judge changing direction??

[donnadovidio]

Hello;

I have an issue regarding custody.

On September 22 I went to the Newmarket Superior Court and made an application for an emergency order to keep my children instead of returning to their father who I had learned again was in a physical confrontation with his then live-in girlfriend. I am told my children did not witness the actual act, as it happened at an outside party, but upon his return to the home he had my son take pictures of his scratches and wounds - my son was 9 yrs old at the time.

I received the order which was served to their father by the court - stating that I was given the order and that we were to be back in court on the 29th. On the 29th the judge made another temporary order that the primary residence would be with me and gave their father access every second weekend and every second Wednesday (overnight), he also ordered the upon my request that the Office of the Children's Lawyer get involved. We were to return again to the court on Nov 7 - today.

I received a letter from the Office of the Children's Lawyer stating they were in receipt of both of our intake forms and that they agreed to be involved.

Now for the bizarre part and I believe this must be ignorance on my part because I did not expect it. The judge started out to state that no briefs were filed - I responded that I did file an affidavit in response to the father's and then he asked if there was something I wanted to say, when I started with the issue of counselling for my son, he agreed, when I brought up some type of support he asked the father about his annual income, and then ordered that we do this properly by filing an application with the court by November 30 or if not the order now in effect would be over. I don't understand, I thought we had to wait on a report from the Office of the Children's Lawyer - what is a brief? I don't understand the change in the route this was going. I thought that he would wait for the report and then make a ruling? Did I miss something?

Please -- I am desperate, I have been doing this myself as we have just bought a house and are cash poor at the moment - I don't know where to turn.

It seems he wants a formal report on income and budget etc.

You may also call the clerk of the court and confirm what they think is needed. If you have any problems, let us know here...

[donnadovidio]

The judge really seemed to be agitated that no briefs were filed - what is a brief? And, as I said, this case conference was scheduled after the judge ordered that the Office of the Children's Lawyer be asked to get involved - and they have accepted to do so -- but now the judge is saying without hearing back from them that his current temporary order will end unless one of us puts forth an application - which is what I thought I did.

Call the clerk--his asistant--and see what the real issue or concern is...WLD could intervene if need be.

Newmarket, as in Ontario Canada? If so, I may be able to help. I will check back with advice in the next couple of days if you respond confirming this, as Canadian Family Law is different than the American Family Law.

yes in canada

yes in Newmarket, Ont Canada

[pooh_200619]

Okay first of all you need to contact the Childrens lawyer and explain everything that you have stated in here and they will help you the best that they can.. First of All there asking you too file a paper with the courts with your income and the husbands income rather he files or not ishis choice,,But please file a form that state income thru the local Friend Of The Court agency they will explain it all get it filed before November 30th and you will be good on your part, then file for Custody of your children in the court system and keep all records of what you would like to say to the judge about the inceident that happened with your 9 year old son.. The breifing is he wants you to file with the courts a paper stating your income , your residence , and the pettion you want for custody or parenting time and visitation and child support and when you go back in he will explain everything in the breifing before the hearing date. A briefing means he wants all required paper work filled out and submitted to the courts so when you go in there he has all required information to make his decission on the hearing date...That is what I believe is a breifing to my acknowledgement in the United States,,..