I have a question about finding case law for a specific issue in family court /divorce. There are children. The issue is

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Customer: I have a question about finding case law for a specific issue in family court /divorce.
JA: What are the assets involved here? Are there any minor children?
Customer: Yes there are children. The issue is ordering counselling for one parent
JA: Where are you located? Divorce laws vary by state.
Customer: Ottawa, Ontario Canada
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks.

Answered by Ulysses101 in 1 hour 2 years ago

Ulysses101

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Ulysses101

9542 Satisfied customers

10+ years of experience

Ulysses101

10+ years of experience

9542 Satisfied customers

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Ulysses101, Expert

Hello, thank you for the question.

You're looking for case law to support a motion that one parent attend counselling? Or are you opposing such a motion?

What type of counselling?

Is this issue before the court, or are you contemplating it?

Customer

Hi, thank you for your reply. We have completed an access and custody assessment and one of the recommendations was that I (the mother) should attend counselling to improve the relationship between the father and the children. As ridiculous as this sound, the father's lawyer provided the jusge with case law to support ordering counselling for the other parent. However, the assessment report is full of flaws and missing information that I outlined in my affidavit. Most importantly, the assessor's description of the father's distorted personality traits and behaviors were never addressed in the recommendations of the report. Therefore, I need to dispute ordering counselling for me and emphasize that the father is the one who need such counselling as per the assessor's own list of his pathological traits and behaviors.

Customer

For example, the assessor described the father as someone who does not accept responsibility for his behaviors. He does not tolerate obstacles including people. Has unrealistic expectations. Unwilling to acknowlege the impact of his behavior on others, unapologetically selfish and keeps telling himself and others false information despite reality.

Customer

The biased report then went on to recommend counselling for me instead claiming -without any evidence- that I do not understand the role of the father in the children's lives !!

Customer

The assessor did not address at all the impact of the father's behaviors and distorted traits on his relationship with the children.

Customer

The father is abusive and very controlling. The assessment report documented independent evidence of his control and abuse in his previous relationships (marriages). The assessor however failed to name his abuse.

Customer

I am wondering if I can find case law that supports my position of NOT ordering counselling for me for a) lack of evidence that supports this and b) the absence of addressing the impact of the father's distorted behaviors on his relationship with the children and lack of parenting skills which the assessment report also documented clearly.

Ulysses101, Expert

So, the report is simply a piece of evidence that the judge will take into account.

Do you have a lawyer?

Has the court already ordered that you do the counselling?

Has the other side made a request, either by Application or by Motion, that you engage in counselling?

Customer

I do have a lawyer but unfortunately after the last motion back in September 2020 when the father made the request for my counselling, my lawyer had stopped communicating. The judge is waiting to receive information from me on some issues like the case law on counselling and other clauses that I requested such as the father stops cyberstalking me (there is evidence of such) and other. My lawyer is not even sending me the correspondence that she received from the judge or the other layer. This is making me look bad in court and I really don't know how to present my documents now.
The court has Not ordered counselling yet.

Ulysses101, Expert

This is very serious. You're essentially not supposed to be submitting documentation to the court yourself when you have counsel.

What's your next court date?

Did you retain your lawyer through Legal Aid?

Customer

There is no court date. The judge has been waiting on these outstanding documents from me since our last motion in September in order to finalize his orders and sends us the final agreement. The judge sent an email on October 16th, 2020 asking about the documents which my lawyer did not forward to me until Sunday Dec. 20th at 10 PM at night and told me she is going on holidays for two weeks.

Customer

No it was not legal Aid.

Ulysses101, Expert

And you've had no contact with your lawyer in months? What happens when you their office?

Customer

After the motion in early September, I sent her several emails and it would take her several weeks to answer abruptly. Basically she did not deal with the outstanding issues the judge is waiting on, delayed my response without reason and the father is accusing me of deliberate delays and I don't know how to present my documents to the judge now.

Customer

There has been almost no communication except the emails she forwarded in late Dec. before she went on holidays. Or so she said.

Customer

I need to find that case law because it does not make sense that i go to counselling for no reason while the father has documented distorted behaviors and traits that are undiagnosed or treated and I am the one expected to improve his relationship with the children!

Ulysses101, Expert

OK, so late December is only 2 weeks ago. You need to call your lawyer's office until you get a response.

Your lawyer should be preparing these documents and presenting it to the other side and filing them with the court for the judge.

Call your lawyers office until you speak to a warm body, and ask what's going on and when this work is going to be attended to.

For you to do this yourself means you're firing your lawyer. Maybe that's what you want, but you need to communicate with your lawyer first about all of this. Can you call them now and tell me what happens?

Customer

I don't think this will help. Id she is not responding to my emails then she will not respond to my phone calls. They have a small office of two lawyers and she does not have an assistant.

Customer

I sent her an email this past Saturday (I know she works on weekends) and she still has not replied. I asked her if she decided not to act as my lawyer and again nothing. It is as simple as letting me know that she doesn't want to represent me but this silence...

Ulysses101, Expert

I understand, but you have to try. As you observe her silence isn't an answer. Start calling and tell me what happens please.

Customer

As for the case law, how can I find this?

Customer

In case she does not answer..

Customer

I called with no answer so I sent her a text message. In any case, I don't think it is a healthy lawyer-client relationship any more. I just need to get this outstanding issue done and I will certainly look for another lawyer or just have to self represent (my worst nightmare).

Ulysses101, Expert

I know that you want to get out of that relationship and you can terminate it, but you have to communicate with her. Keep calling and texting, say that you need to speak to her about your matter and you're getting upset and anxious and you need to hear from her.

With respect to the case law information, the only service available to the public that I'm aware of is CanLii.org which is a little cumbersome but is the only decent site available for this. The issue for lay persons is that reading caselaw and determining whether it's useful to you isn't always easy. But it's a start if you want to begin your own research. Your lawyer should be able to find out more on this topic far more easily, and you don't your own doesn't solve the issue of your retained lawyer ignoring you.

Customer

She sent an email. We will see how long I would have to wait for her reply this time. This is what happened for the past four months. These issues should have been dealt back in September at the latest October. And here we are!

Customer

Thank you for your time. I tried CanLii but not much luck.

Ulysses101, Expert

Doing legal research is a real skill. I can try to find a case when I have time, but I'm in my office doing case work all day.

You really need to get in touch with your lawyer ASAP about your ongoing representation. I hope you have been calling.

Ask a lawyer and get your legal questions answered.

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