Inhave a custody and child support pre trial coming up. I'm not too sure what to expect as I know the other party has

Expert's Assistant chat
Customer: Inhave a custody and child support pre trial coming up. I'm not too sure what to expect as I know the other party has lied in his affidavit about me and situations, which I do have something to prove the other party lied.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes I have filed all my paperwork. I just had a court date on the 27th to set a pretrial date of dec 24th
JA: Family law varies by state. What state are you in?
Customer: My oldest son has told me.something that I have made report to the rcmp and ministry of children and families British columbia
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Would judge make a child go with their other parent if that child was afraid to go and doesnt even want to speak to other parent?
Answered by Legal Ease in 5 hours 3 years ago
imglogo
Legal Ease
10+ years of experience
logo

170460 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Legal Ease
10+ years of experience
logo

170460 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Legal Ease, Expert

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.

img

Legal Ease, Expert

I am sorry to hear of this difficult situation.

Are you self representing?

How old is the child who doesn't want to speak to or see the other parent?

Customer
He is 7 and right now I am self representing but looking for a lawyer
img

Legal Ease, Expert

The pre-trial is just where the judge tries to get you to settle. If they can't settle all of the issues they try to get you to settle some of the issues.

It is also for making sure that there are no outstanding issues such as a little relating to documentary disclosure for example.

You can go ahead with the pre-trial on the 24th or are you can I ask for an adjournment because you are in the process of looking for a lawyer and it is pretty well impossible to retain a lawyer now until January.

I can't know whether the judge will order that the father have access or not. It depends on all of the facts, But generally if you are taking the position that the child is afraid of the father and it is not in his best interest to see the father you will need expert testimony to prove this.

Does it help as a starting point?

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.

Customer
Would a statement from the rcmp and an abuse cousellor be an expert witness? I'm in the process right now of doing statements with rcmp and an abuse coun
Customer
selor for my son
img

Legal Ease, Expert

That would help but what you need is a court order for a custody/access assessment to be done by a psychologist where your little boy's voice can be heard in a safe environment.

Customer
Ok thank you.. how do I go about doing that?
img

Legal Ease, Expert

You can raise it at the pre-trial and see if the father will consent. If not ask the judge how you can go about doing this in the fastest way possible.

Customer
To ask for it to be adjourned I have to ask the judge on the 24th? Or is there paperwork i can fill out?
img

Legal Ease, Expert

You can ask the other side to consent. If they will not you can call the courthouse and ask if you can schedule a motion before that date to seek an adjournment.

Customer
Ok thank you.. I know the other party wont consent as he wants to make things difficult for me in every way possible
img

Legal Ease, Expert

I am so sorry about that but not surprised.

Customer
Doesnt surprise me either. I tried to work things out with him outside of court but he has always been his way or no way. I guess I will have to look int
Customer
o getting a motion to adjourn till a later date. My son has so much anxiety about his dad after everything and finding a lawyer isn't very easy right no
Customer
w to fit into my budget
img

Legal Ease, Expert

I understand.

You are very articulate and may do very well on your own if you need to go that route.

Customer
Another quick question. If I can prove he has been lying to the judge during our fcc meeting and in his affidavit. What will happen?
img

Legal Ease, Expert

Honestly, right now nothing.

But if this ends up in trial this will you as he won't end up being believed when it is your word against his

Customer
Ok I also have letters from people who seen what has happened in other instances and documents from the ministry of children and Families which we have h
Customer
ad 2 files because of him
img

Legal Ease, Expert

This all builds your case.

Customer
it is... also would I be in the wrong by not coming to an agreement after intried to already come to an agreement. He wants them for christmas but I
Customer
dont feel it's safe to send them with the ongoing sexual assault accusations going on.. both my old social work and new social work have said I'm prote
Customer
cting my kids right now till things are sorted out.
img

Legal Ease, Expert

This is going to ruin your holidays. How terrible.

Customer
I havent agreed to let them go until we go to court. I tried in our fcc meeting to come to an agreement for christmas and he didnt want to agree until a
Customer
few days after our meeting. My 7yr doesnt want to go and a judge never said I had to send them. I just dont know if I'm doing the right thing by the law.
Customer
Even tho all I am doing to trying to protect them till I know what's going on with the abuse accusation by my 7yr old towards his dad.My 7 yr is afrai
Customer
d of him , my 4yr old barley knows him( he calls him daddy courtney, which is his first name) and my 2yr old doesnt know him at all( he only knows my hus
Customer
band as his daddy).
img

Legal Ease, Expert

Oh gosh.

I sincerely ***** ***** works out for these poor kids.

I have to stop now but can check back again tomorrow in case you still need me.

Customer
Ok thank you very much. I appreciate being able to ask questions.
img

Legal Ease, Expert

Anytime.

Customer
I have one more question. Would him breaching his probabtion on a no contact order( for uttering threats) be something the judge would look into or no?
img

Legal Ease, Expert

Yes I assume the judge would consider that very strongly.

And you should be reporting this to the police.

If you want to discuss this issue further would you mind starting another post? I only get paid once per post and you don't get charged more for starting your post so I would appreciate it if you could do that for me please.

Thanks

Customer
Ok thank you. That was my last question I was wondering about. I will bring it up to the rcmp when I go to make a statement on monday.Thanks again for
Customer
answering all my questions. You did a great job. And I ment to give you a 5 star rating not a 3 star rating. I dont know how to fix that
img

Legal Ease, Expert

Hmmm. I am not sure you can but you could try rating again I suppose.

Thanks!

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer