Monday, December 26, 2011

A Visit To See D...With The Case Always Looming Nearby

   On Nov 10th, 2011 I was in Winnipeg to spend some time with D for one week. It was so nice. He has been staying with my brother since August. I am so appreciative of their willingness to have him stay there as long as it takes.
  D has wonderful support from both of our families. I have mentioned it before. We are both very grateful of their generosity and support during his time in Winnipeg.
  I wanted the visit to be mostly enjoying each other and the visiting of immediate family.
  I saved the "not so good stuff" for the way home. One can't get away from that.
  I read Sharon's affidavit on the plane ride home and made several notes. I had read a large portion of her 2 volume exhibits attached to the affidavit on the last day I was in Winnipeg. WOW!!
  The predominant response is chuckling. We literally laughed at some of the content. Not in a facetious way but a truly light hearted way.
  The repetition of information filed by Sharon was incredible. How easy it is to lie and to file false information with the courts is astounding to me. D had to respond to all of this nonsense. He had to answer to it as he had the final response. He stated it was more wasted time and hours of effort to respond yet again to the same accusations.
  He had provided factual information and letters from our attourney, our CPA, and the IRS.
  The clock ticks...ticks...ticks...

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Feels Like A Three Ring Circus

 Well a few days ago D texted me that he had been served with papers from Sharon/attourney. She changed attourneys and I will post about that in a little bit. 
 The papers were for D to appear in front of a Master (or so he thought) on Nov 8th, 2011 to address a request that Sharon was making. She had numerous requests of D to remove several paragraphs in his prior affidavit/s and to pay costs of this latest legal process. This is explained in his posts above.
  I truly felt this to be a purposeful delay and a tactic to get him to pay some money as they knew he had none. Their goal would be to delay the Trial. Sharon/atty would either shake D up to produce some cash or truly delay the process because he could not pay.
  The madness of it all is that with delays, Sharon does not get any support money (to be determined at the Trial) and she continues to spend money on all of these legal proceedings.
  The only one making money is the attourney and the courts. Fees are required by the courts for all sorts of reasons.
  The children are lost in all of it. D wants to get some type of resolution and start paying his kids directly.
  So many times all I can do is shake my head in disbelief. I cannot make any sense of the system or process allowed.
  It literally feels like a three ring circus or a puppet show. It's about moving according to who is holding the marionnette strings or following the circus master.
  I cannot imagine how it truly feels for D right in the middle having to go here and there and respond to constant BS. To remain focused and strong through all of it is remarkable to say the least.
  I am so proud of him. What an honor it is to be going through life with such an incredible person as a partner. I love you baby!

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More Web Weaving!

   In what I thought was the right process of the court,  I had asked both my Mom and my Auntie Diane to file affidavits to corroborate my affidavit regarding Sharon's manipulation of the courts and her continuous alienation of my children from their family. These affidavits were filed by the beginning of November 2011. Sharon had continued to be letigious over the many years. She had been awarded a Protection Order against my Mom for hugging my son A at his school when he was a young boy. She had asked A if she could hug him and he had replied "yes". My Aunt had had an encounter with Sharon that same evening at the school Christmas Program. Sharon had whispered in her ear from behind. Sharon mentioned that she would make certain that this (the hugging incident) would never happen again. I don't know the exact language used and am summarizing. 
  Again, the other side put forth a motion to Expunge both of these affidavits and be awarded costs in one lump sum to be paid immediately. This time I knew what to do as far as court process.  Things didn't go as well as the first time. The new Master Expunged both affidavits and awarded costs to be determined by the trial Judge in January. This is the trial I have been waiting for since I came to Canada.
  I got through this one by the skin of my teeth. Their affidavits had been filed too late and should have been filed with my affidavit in October 2011. At least my trial would not be delayed. All in learning the system as I represent myself.
  So back to the beginning.
  I called Sharon's lawyer to see when we should do the cross examination (Discovery). She stated we had a problem as she would be in court all week and would have to get back to me after she talked to her client Sharon. I got a call back in a couple of days and I agreed to not do the cross examination for discovery to be able to keep the Trial date of Jan 17, 2012. Now mid December, we would not have enough time to fully complete discovery with transcripts being done, and meeting filing dates etc.
  I spent a couple of weeks at the court house checking out family court trials and doing research on case law. Yuk!  Anyway, I never saw Sharon's lawyer once in that time, nor was she ever listed on any dockets I looked at while there. 
  This is only a very small part of the family court system and how it spins the web.

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Weaving My Way Through The Legal Web

  The past month or two have been trying. We were supposed to have a cross examination for discovery in November. "Discovery" is when each side asks questions of the opposing parties (Sharon and I). The discovery was what I called, "postponed" and Sharon's lawyer called, "re-scheduled".
   After I filed (with the courts) one of my affidavits on Oct. 24th, 2011, the other side notified me by mail regarding wanting to expunge (have removed) half of the content of my affidavit.  Sharon's lawyer would not go ahead with the exam for discovery until the Master (Judge) made a decision on their motion to expunge.  I, of course had no recourse but to agree as I didn't have a physical location to hold the discovery examination. So wait I did. They were asking the Master to make a decision as to costs involved for the expungement process. They wanted me to have to pay for the costs in one lump sum before I could continue with my case.
  I was under the impression that I was suppose to have to appear in a court setting before the Master to argue the expungement matter in person. I was preparing for this type of forum for several days.
  I went to the court house for the time listed on the docket (8:30). To my surprise there was no personal appearance needed. As I found out, the decision would be heard behind closed doors. Did I feel like a fool. I was quite pissed off at myself for wasting that much time.  I rushed back to my computer (30mins from the courthouse) to try and make some kind of written response even though I knew the reply was very late.  I put a one page reply together and rushed back to the court house to try to have it filed and hopefully put in front of the Master.
  The Master did not award costs (in one lump sum). This was the one thing I was really worried about.  I did not want to delay the already slow court process.  I had/have no money to pay any lump. The Master did remove 6 of my 11 paragraphs. Of the 5 remaining, two of my most important paragraphs containing crucial information were left in my affidavit.
  I felt successful!

 PLEASE check out our resource links in the TOP RIGHT hand corner. These resources will include both Parent Alienation/Syndrome information as well as support for divorced families. Become a follower as this will help us grow our audience.