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Old 02-23-2012, 02:25 PM   #21
Jets4Life
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Thanks to all who gave advice. I don't know how I can thank you guys. I guess I will contact relatives, and try to find a good family lawyer in Manitoba. Cheers!
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Old 02-23-2012, 02:31 PM   #22
afc wimbledon
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wot Vlad said plus

if you want to be a dad (which, as a man you should) then you should back move to Winnipeg as soon as you can (looks better in court as well), trust me you won't regret it, although make sure you have a job there, lawyers aint cheap.

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Old 02-23-2012, 03:18 PM   #23
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Here's how this would go down in BC:

1. Start an action in Provincial Court (probably Queen's Bench elsewhere) seeking joint guardianship and specified access (i.e. you get to see her on X days for Y number of hours) as opposed to "reasonable and generous access" which leaves too much power for the custodial parent to play games. You'll have to do this in the registry closest to where the child is living. You could try elsewhere, but that's where it will end up.

2. You'll likely be hit with a counterclaim for child support. There won't be a lot of argument about the number as there are Child Support Guidelines that tie support amounts to income. If you've made good faith efforts to pay some amounts in the past and are not subject to a previous support order that you've breached, there's a chance any support order will be forward looking (i.e. no arrears).

3. If the mom intends to oppose your application, you'll have a first appearance in front of a judge. Again stressing that my knowledge applies only to BC, this first appearance would likely just be to set a date for a Family Case Conference (assuming there are no pressing matters that need immediate action such as the child being in physical danger) so if you've hired a lawyer, the lawyer can handle it on his/her own.

4. You'll have a FCC, which is like a mediation session in front of a judge, where you'll state your case for why you should have access. If terms can be agreed upon by both sides, you can get an order, if not, you'll have to set a date for trial.

As was alluded to above, the a priori position of the court is to maximize the child's contact with both parents, so unless you're a deadbeat, you'll get some access likely including regular telephone and/or email access. What that access ends up being specifically depends on a lot of things, including the child's age, current comfort level with you, the logistics of making travel work, etc. It could up anywhere from you only getting to visit in the child's home with a supervisor present to you having the right to have the child visit for designated periods with both parties sharing transport costs.
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Old 02-23-2012, 03:43 PM   #24
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Quote:
Originally Posted by Jets4Life View Post
Done in 2007.

99.9999998999999% positive, or one in 17,000,000,000 odds that it is not my child...lol
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Old 02-23-2012, 03:50 PM   #25
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I'm pretty sure whether the kid is his or not, by now he loves it anyway.

Good luck with your situation. I always feel badly for parents who get screwed over by exes, but remember, as a parent, your duty is what's best for your child, not what makes you feel best.
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Old 02-23-2012, 09:26 PM   #26
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Quote:
Originally Posted by Northendzone View Post
are lawyers fee's relative to family matters eligible for an income tax credit?

as an aside, when i read stuff like this, it makes me glad that none of my short term relationships in either MB or ON produced any children.

The only part that is deductible are the fees relating to support. Those being fees to obtain support, increase support or force payment of support. There is no deduction for attempting to prevent/lower the amount of support being paid.

Fees relating to divorce and custody are not deductible in any fashion.
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